Learn about conveyancing. What is it, and what is it for?.
Conveyancing is a critical part for buying or selling property.
As I'm sure you're well aware - when you buy or sell a property you actually take or relinquish ownership of a property. This sounds pretty simple doesn't it?
Mortgage Involved Transactions
Well, let's begin with the whole issue of a mortgage. The thing about conveyancing is that it encompasses many different and complex matters pertaining to the sale and purchase of property - mortgages included.
There's a good chance that if you're selling a property then it has a mortgage on it. In other words - you owe a sum of money to your mortgage lender with respect to the property.
In addition, if you are purchasing a property then there is also a likelihood that you will be making that purchase with the assistance of a mortgage lender.
Therefore, when buying or selling property there is usually a third party to satisfy: your mortgage lender. Mortgages are not usually transferable, and therefore your OLD mortgage must be fully repaid, and a NEW mortgage must be issued.
This is all very complicated - and most mortgage lenders would prefer to (or will only) deal with a solicitor or licenced conveyancer.
All monies in the sale or purchase chain MUST change hands at the same time (between multiple parties including solicitors, individuals and mortgage lenders) by means of telegraphic transfers.
Transfer of Title of Ownership
The next matter at hand is the business of ensuring that you become the LEGAL owner of the property that you are buying. This is no simple matter - Conveyancing literally means to transfer the title of ownership of property from one party to another.
Again, this if a complex process and you need to know all about conveyancing to get this right! It's a job that is best left to a solicitor.
Finally - consideration must be paid to the legal water-tightness of the process. Your conveyancer will perform many required and legal checks pertaining to your buyer and with relation to the property your are buying. Everything is carefully prepared into a legally binding contract - and these contracts as passed as "draft" to the receiving party's solicitor. Any amendments are then made, and contracts are finally exchanged and signed.
It is extremely important that these contracts be binding - and once contracts are exchanged one is obligated to see the sale / purchase through.
We've only really scratched the surface here - the process is conveyancing is complex and must be done correctly. If you want further details, we recommend getting a quote, appointing a proper solicitor and asking them for further details of the process if you would like more information.
A good solicitor will guide you through every step of the way, answer your questions and keep you informed.
Author: Terry Davies
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Birchall Blackburn Law (BB Legal Ltd)