Our conveyancer has discovered a a problem with the lease for the property we are purchasing in Bamburgh. The seller’s lawyers have suggested title insurance as a workaround. We are happy with insurance and will pay for it. Our solicitor says that he must check that the lender is willing to move forward with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
It is 10 years ago since I purchased my house in Bamburgh. Conveyancing lawyers have recently been instructed on the sale but I am unable to track down my deeds. Is this a problem?
Don’t worry too much. Firstly the deeds may be retained by your mortgage company or they could still be with the conveyancers who handled your purchase. Secondly in all probability the property will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors obtaining current official copies of the land registers. Nearly all conveyancing in Bamburgh relates to registered property but in the unlikely event that your home is unregistered it is more problematic but is not insurmountable.
We wanted to use a property lawyer in Bamburgh for our house move. Our broker informed us that our bank Clydesdale won't deal with them. Surely this is unfair competition?
A mortgage company can require a panel solicitor act for it. Borrowers are expected to bear the cost of this. Do use our search facility to choose a solicitor to carry conveyancing in Bamburgh on the Clydesdale member panel.
Yesterday I discovered that there is a flying freehold element on a house I have offered on last month in what was supposed to be a straight forward, chain free conveyancing. Bamburgh is the location of the property. Is there any advice you can give?
Flying freeholds in Bamburgh are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Bamburgh you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Bamburgh may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
What does commercial conveyancing in Bamburgh cover?
Non domestic conveyancing in Bamburgh incorporates a broad array of services, given by qualified solicitors, relating to business premises. By way of example, this area of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the assignment of existing business tenancies or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial mortgages and the termination of tenancies.
I am looking for a conveyancing solicitor in Bamburgh for my house move. Is it possible to see a firm’s complaints history with the profession’s regulator?
Anyone may search for documented Solicitor Regulator Association (SRA) determinations stemming from inquisitions from 2008 onwards. Visit Check a solicitor's record. For information Pre 2008, or to check a firm's record, phone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, use +44 (0)121 329 6800. The SRA could recorded call for training requirements.