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Our residential team of experienced and qualified lawyers, will help guide you through the legal process, be that the mortgage of your main home, a buy-to-let investment property or a large portfolio of investment properties.

We are also experienced at representing corporate buy-to-let clients who have structured their property portfolios with a Company structure.

To assist you in understanding the general refinance process we have set out below details of how the refinance process usually takes place:

Title Checks and Enquiries

Once we are instructed we will complete the necessary title checks that your mortgage lender will require us to carry out for them. That will include checking that there are no entries on the title that may adversely affect your lenders security and also checking whether there are any restrictions on the title that will need to be complied with or any defects that will need to be resolved. Any potentially adverse matters may need to be reported to your lender.

Leasehold Properties

If the Property is leasehold we will also check the lease document too, again to make sure that there is nothing adverse or defective within that. We will also need to contact the Landlord or their managing agents to ask them for certain pieces of information about the Property such as whether all payments are up to date, whether any disputes exist in respect of the lease and whether any major works are planned in the near future.

Company owned Property

If the Property is owned by your company, rather than you as an individual, we will carry out additional checks at Companies House to ensure that the company remains active and that it’s company documents allows it to borrow funds. We will also check that there are no winding up proceedings in respect of the Company. Following completion the mortgage will be registered at Companies House as well.

Property Searches or Search Indemnity Insurance

Most lenders will accept search indemnity insurance on a re-mortgage rather than requiring that a full set of Local Authority and other searches are made. Usually the cost of such a policy will always be much cheaper than instructing searches. It will also be much quicker to arrange to. If your particular mortgage lender does not accept indemnity insurance then we will need to order a full set of searches and those will usually take between two to three weeks to arrive back with us. Once received we will need to review those to check that they do not contain any entries that your lender is likely to be concerned about.

Second Charges

If you are placing a second charge on your Property rather than repaying the existing debt then the consent of the existing mortgage lender will need to be obtained. We recommend that consent is obtained before any other work is carried out or costs incurred.

Pre-Completion

Once all of the necessary checks have been completed and we have the signed mortgage documents back from you the transaction can be prepared for completion. If your existing lender is being repaid we will obtain a redemption statement from them. We will also provide your new lender with our confirmation that all checks have been satisfactorily completed and request release of the mortgage funds to us. A bankruptcy search against you will also be ordered to confirm that there are no pending proceedings.

Completion and Post-Completion

On completion the net mortgage advance will be transferred over to you. The mortgage documents will be dated and that will create a binding legal charge over your Property. Following complete we will oversee registration of that charge at the Land Registry.
If you would like further information on the services we provide or how we can help with you re-mortgage please get in contact with one of our Team. Download our PDF guide to Remortgaging

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