Mortgage Conveyancing

Securing a loan against your home

If you are purchasing a property, it is likely you will need a mortgage to help fund the purchase. Once you have a mortgage offer and have had an offer accepted to buy a property, your mortgage provider will want to check that there are no problems with the property or the title. They will insist on a solicitor dealing with this for them.

We are on many of the mortgage lender panels which means that as well as helping you on your purchase we will also act for your lender in putting their mortgage in place on your new home. This means that the lender does not have to instruct their own separate solicitor, saving you both time and money. We can also provide a conveyancing service for a remortgage if required.

If you need to secure a loan against your home, or you co-own a home that is being used as security, you will need to take independent legal advice. Our specialists will help you to understand the risks involved in this type of arrangement.

If you are an occupier of a property, but not party to the mortgage, we can provide you with the advice you will need on whether you have an interest in the property and the effect of the mortgage on any interest you might have. You may be required to sign a deed of consent or postponement so that the lender’s rights are ahead of yours.

Occasionally a lender will require another person to guarantee the loan. The role of the guarantor is to stand in the place of the borrower should the borrower default on the loan. If you have agreed to act as a guarantor we will take the time to help you understand the risks involved and the options available to you.

If you are loaning someone money to purchase a house, you should have a loan agreement drawn up by a solicitor. Our property experts will explain the implications of lending the money and will draft declarations of trust if appropriate.

If your home is being repossessed because you have breached your mortgage conditions, the lender could bring possession proceedings. If this is the case, Hart Brown’s expert property team can help to negotiate with your lender to find possible solutions.

To discuss your mortgage matter with a specialist property solicitor, please call or email us today.

Our Fees

Fees: 

When mortgaging your freehold or leasehold property, provided that matters proceed in the normal course, the costs that you can expect are as follows:

Our legal fees

Minimum fee: £954 including VAT at 20%

Average fee: £1,074 including VAT at 20%

Our fees are calculated based upon various factors that include the value of the mortgage, the complexity of the lender’s requirements and of matters that affect the property, the desired timescale for the transaction and capacity at the time of instruction. Please contact us so that we can provide an estimate of costs tailored to your intended transaction.

You can also expect to pay the following additional costs:

Estimated local search fee: £264 including VAT at 20%

Land Registry fee for copy title: £3.60 including VAT at 20%

Land Charges Registry search fee: £4.80 including VAT at 20%

Land Registry search fee: £3.60 including VAT at 20%

Landlord’s notice fee (estimated): £180 including VAT at 20%

Land registration fee*

Funds transfer fee to repay existing mortgage: £39.60 including VAT at 20%

Funds transfer fee to remit the net balance to you: £39.60 including VAT at 20%

* These are available to view on the Land Registry website which you can access by clicking here. 

What work do our fees cover? To:

  • Obtain and check title to the property;
  • Carry out any necessary searches and check these;
  • Review replies given to enquiries in connection with the property;
  • For a leasehold property, review the lease, freehold title, and management information;
  • Obtain an initial redemption figure if there is an existing mortgage;
  • Consider our instructions from your lender and advise you on your mortgage offer;
  • Set up completion and send the certificate of title to the lender;
  • Obtain a firm redemption figure at the completion date;
  • Prepare a completion statement and obtain any balance monies required;
  • Carry out Land Registry and Land Charges Registry searches;
  • Complete the re-mortgage and account to you for any balance monies;
  • Redeem the existing mortgage and obtain evidence of discharge;
  • Give any notice of charge required under your lease; and
  • Register the mortgage at the Land Registry.

How long can you expect this to take?

The average time frame is between 3 and 5 weeks.

Who to contact

Lawrence Stolworthy

Partner, Head of Residential Property

Partner, Head of Residential Property

Lawrence Stolworthy

Lawrence is a Partner based in the Guildford office, and he is also Head of the Residential Property team at Hart Brown LLP.

Lawrence qualified as a solicitor in 2001 and has extensive experience in a broad range of residential property work, including very high value transactional work and acquisitions for international investor clients. He also has considerable experience in dealing with property work originating from, or ancillary to, private client matters and family/matrimonial matters.

He is committed to providing a proactive, friendly and positive approach and he strives to communicate clearly and effectively with all those involved in the transactions he deals with in order to achieve the best outcome for his clients. He endeavours to find pragmatic and commercially viable solutions to problems wherever possible.

Tim Pearce

Partner, Residential Property

Partner, Residential Property

Tim Pearce

Tim is Chair of the firm, Compliance Officer for Legal Practice and Quality Partner, dealing with residential property work.

Tim has a vast amount of experience in residential property, having been qualified for over 40 years. He is learning many aspects of his additional roles, yet he is still invested and highly competent in residential property.

Tim qualified with a BA in Business Law, Articled with Hart Brown in 1978 and became a solicitor in 1980. His specialism in residential property work, particularly in the Surrey area, has provided Tim with a highly experienced and efficient skill set to achieve successful results for many long-standing and new clients.

David Knapp

Partner, Residential Property

Partner, Residential Property

David Knapp

David is Partner of the firm, and a qualified solicitor.

David has worked at Hart Brown for 38 years, joining the firm in 1981. He graduated from the City of Birmingham Polytechnic in 1980, attended Guildford Law School in 1980 and qualified as a solicitor in 1984.

David's specialism in residential property and progression throughout the firm has enabled him to build many long-lasting relationships with clients he has helped over the years and continues to do so. He has a great deal of legal and life experience and enjoys interaction with those known to him as well as newly introduced people.

Debbie Beswick

Partner, Residential Property

Partner, Residential Property

Debbie Beswick

Debbie, who is a Partner, specialises in residential property. After joining Hart Brown in 1984 she quickly progressed through the ranks qualifying as a Legal Executive in 1996. She was admitted to the Fellowship in 1997. Debbie is well known in the Godalming area and receives high praise both from clients and agents who come back to her time and time again.

Her most memorable case was the purchase of a property for clients who were looking for a quick turnaround. It was a mere 3 working days from instructions to exchange of contracts.

Debbie often receives excellent feedback from her clients, here are just a few of their statements:

"This is the second time we've used Debbie at Hart Brown, and yet again she has given us fantastic service. Shall certainly be using you again."

"It's a quick, efficient and friendly service - just right for the somewhat fraught process of buying and selling property."

"We had our smoothest sale ever thanks to Debbie Beswick."

"Second time we've used you, second time we've been impressed."

Emma Moore

Partner, Residential Property

Partner, Residential Property

Emma Moore

Emma is a Partner in the residential property department at our Cranleigh office. She has over 20 years' experience in helping clients move house as smoothly as possible.

Emma qualified as a solicitor in 1998 after studying for an LLB (Hons) Law Degree.

Her specialism within residential property involves dealing with a wide range of sales and purchase of houses and flats, ranging from first time buyers to high net worth properties.

Emma is a proactive member of the team, moving transactions forward as quickly as possible. She strives to find solutions to a range of problems that arise, ensuring her clients achieve their desired goals.

An example of feedback received from clients:

"Thank you for all your help with this. It's a pleasure to work with you. You are responsive, action oriented and straight forward - all behaviours which I value!"

Jeremy Jupp

Partner, Residential Property

Partner, Residential Property

Jeremy Jupp

Jeremy has extensive knowledge in Residential Property having qualified in 1992.

He is committed to providing a proactive, friendly and positive approach, with nearly 30 years’ experience as a residential property specialist. Jeremy strives to communicate clearly and effectively with all those involved in transactions he deals with, in order to achieve the best outcome for his clients. He endeavours to find pragmatic solutions to problems wherever possible.

Jeremy believes in building up a strong relationship with his clients in order to understand their aims and needs, and work with them to achieve these so far as possible.

Memorable cases Jeremy has worked on include completing a purchase within a week from instruction where his client was given a great incentive on a new build property if he completed that quickly.

In 2014, Jeremy was involved the sale of a property where a Local Authority had acquired a strip of land along the frontage in the 1960s for potential road widening. They had granted a license over the land in exchange. The road widening never took place and the scheme had been abandoned, however, the buyers’ solicitors were not happy with the license arrangement that remained in place. Jeremy drafted a conditional contract clause which gave his client 9 months to resolve the issue with the Local Authority and to pay any premium agreed out of the exchange deposit. After lengthy negotiations with the Local Authority which involved taking Counsel’s Opinion in relation to the status of the license, an agreement was reached with the Local Authority just in time to enable him to give notice to the buyers’ solicitors to complete the sale.

Peter Howe

Associate, Residential Property

Associate, Residential Property

Peter Howe

Peter’s specialism is residential property.

He qualified as a Solicitor in 1991 and worked for a number of firms as a locum and then full time before joining Hart Brown in 2000. His experience as a locum he says gave him a good insight into the kind of firm that he wanted to settle down in. “It is amazing how different firms are in terms of the service they offer their clients” says Peter.

Peter receives excellent feedback from his clients:

"We would like to thank you very much for acting for us in this matter...we have been impressed with your timely and straightforward handling of the various stages of the process and your effective dealing with any issues arising. Once again thank you very much – it has been a pleasure doing business with you."

"I found all my dealings with Peter Howe very useful, he is very down to earth and explained and answered all my queries very clearly, which took away a lot of the stress. Thank you."

Nicole Lush

Solicitor, Residential Property

Solicitor, Residential Property

Nicole Lush

Nicole studied Law at the University of Reading before working as a paralegal in a busy conveyancing department whilst completing the LPC on a part-time study basis at the College of Law, Guildford. She completed her training contract with a Hampshire based firm and qualified as a solicitor in England and Wales on 17 February 2014. Nicole then worked briefly in family law before choosing to specialise in residential property.

She specialises in the sale and purchase of freehold and leasehold properties, Transfers of Equity and re-mortgages.

Corinne Flannery

Chartered Legal Executive, Residential Property

Chartered Legal Executive, Residential Property

Corinne Flannery

Corinne specialises in residential property. She has a wide range of experience which includes acting for individuals and corporate clients on sales, purchases, and re-mortgage transactions of freehold and leasehold properties, and transfers of equity.

Graduating with a BSc (Hons) degree in Management and Marketing, Corinne then qualified as a Fellow of the Chartered Institute of Legal Executives in 2005.

Corinne believes that understanding a client’s needs, building a strong relationship with them, and good communication through the process, are key in meeting a client’s expectations and ultimate goal.

Corinne often receives excellent feedback from her clients:

"Very reassuringly professional and confident conveyancing on our property transaction."

"...I have appreciated your wise counsel and the efficient way you have dealt with this transaction and managed the process so that the deadlines were all met."

James Jugghoo

Paralegal, Residential Property

Paralegal, Residential Property

James Jugghoo

James is a paralegal, assisting the residential property department in Guildford.

He graduated in 2017 and worked in conveyancing within a national law firm for a short while before joining Hart Brown supporting the Guildford office with a wide range of residential property work.

James graduated from Portsmouth University in 2017 with a view to completing his LPC and qualifying as a solicitor. He is looking to undertake his LPC studies at the University of Law in the near future.

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