Is the fact that my solicitor in Basildon is not listed on my bank's conveyancing panel that there is a problem with the standard of the firm’s conveyancing?
It would not be wise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. Just recently a report by the solicitors regulator revealed 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should contact the Basildon conveyancing firm and ask them why they are no longer on the approved list for your lender.
Finally the sale completed on my house in Basildon last January but our buyer keeps texting me to say their conveyancer needs to hear from mysolicitor. What should my lawyer have done following completion?
Following your sale your conveyancer should forward the transfer deeds and all of the paperwork to the purchaser's lawyers. If applicable, your lawyer must also evidence that the mortgage has been discharged to the buyers conveyancers. There are no post completion formalities specific conveyancing in Basildon.
My Solicitor in Basildon is not listed on the The Royal Bank of Scotland Solicitor Panel. Can I still retain my prefered solicitor notwithstanding that they are excluded from the The Royal Bank of Scotland approved list?
The limited options available to you here include:
- Complete the purchase with your existing Basildon lawyers but The Royal Bank of Scotland will need to retain a conveyancer on their panel. This will inevitably rack up the overall legal charges and cause delays.
- Find a new practitioner to act in the conveyancing, remembering to check they are The Royal Bank of Scotland approved.
- Try to convince your The Royal Bank of Scotland solicitor to attempt to join the The Royal Bank of Scotland panel
Various internet forums that I have visited warn that are the number one cause of stalling in Basildon house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) released findings of a review by MoveWithUs that conveyancing searches do not feature amongst the top 10 causes of hindrances during the legal transfer of property. Searches are unlikely to feature in any slowing down conveyancing in Basildon.
In my capacity as executor for the will of my aunt I am selling a property in Swansea but reside in Basildon. My solicitor (based 250 miles from merequires that I execute a statutory declaration before the transaction finalising. Could you suggest a conveyancing lawyer in Basildon who can attest and place their company stamp on the document?
strictly speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Normally any notary public or qualified solicitor will do regardless of whether they are located in Basildon
Our conveyancer in Basildon has uncovered a defect with the lease for the flat we are buying in Basildon. The seller’s lawyers have offered title insurance as a solution. We are happy with insurance and will cover the costs. Our lawyer says that as he is on the mortgage company conveyancing panel he must ensure that the lender is happy with this solution. Are we the client or is the lender?
Just because you have a mortgage offer from the bank does not mean to say that the property will be meet their requirements for the purposes of a mortgage. Your Basildon conveyancing lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook Requirements. You and the mortgage company are the client. The appropriate lender requirements have to be complied with by the bank conveyancing panel who has to balance acting for you and the lender