My Bearsted solicitor has spotted a difference when comparing the surveyor’s assumptions in the home valuation report and what is revealed within the conveyancing documents. My solicitor has advised that he needs to ensure that the lender is OK with this discrepancy and is still content to lend. Is my solicitor’s stance right?
Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook requirements which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
My apartment in Bearsted is up for sale and I have a buyer. Does my conveyancing practitioner have to be required to be on the TSB conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the TSB conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their panel criteria fairly frequently at the moment.
Completion of my purchase has taken place for my property in Bearsted. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
Almost all lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. In most cases complaints to a lender are resolved very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
It is unclear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Bearsted building society branch on numerous occasions and was told it wasn't a problem and they will lend. My Bearsted conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they refuse to lend based on their published requirements. I have no idea who is right.
Provided that the lawyer is on the mortgage company approved list, she or he must comply with the CML Handbook specifications for the lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
TSB have agreed my mortgage in principle, my bid on a house in Bearsted has been agreed to, now what?
The estate agent will want to be advised as to your conveyancing practitioner's details (ensure that the lawyers are on the lender’s panel). Call up TSB or the broker and finish off any relevant paperwork. TSB will appoint a valuer who will get in contact with the estate agent or owners to book an appointment. Once carried out (assuming no problems) it takes about a week to receive the mortgage offer. TSB will issue the offer to you and your conveyancing practitioners. The legal work will then take it’s course according the nature and complexity of the conveyancing in Bearsted.
My wife and I have a renovated Edwardian house in Bearsted. Conveyancing lawyer acted for me and Bank of Ireland. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, another for leasehold under the exact same address. I'd like to know for sure, how can I find out??
You need to review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Bearsted and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the situation with the conveyancing lawyer who conducted the purchase.
How does the Landlord & Tenant Act 1954 affect my business property in Bearsted and how can your lawyers assist?
The 1954 Act provides a safeguard to business lessees, granting the right to apply to court for a continuation of occupancy when the lease comes to an end. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing practices who use the act to your advantage and handle your commercial conveyancing in Bearsted
We're first time buyers - agreed a price, but the agent has warned us that the owners will only go ahead if we appoint the agent's chosen solicitors as they want an ‘expedited deal’. Our preferred option is to instruct a family conveyancer used to conveyancing in Bearsted
It is highly unlikely the sellers are driving this. Should the vendor require ‘a quick sale', taking such a hostile approach to a motivated buyer is going to damage their objectives. Bypass the agents and go straight to the sellers and explain that (a)you are genuine purchasers (b)you are excited to move forward, with mortgage lined up © you are chain free (d) you intend to proceed fast (e)however you will continue to instruct your own,trusted Bearsted conveyancing lawyers - not the ones that will earn their estate agent a referral fee or hit his conveyancing figures demanded by senior management.