We are intending to acquire a 1 bedroom apartment in Birch and Middleton with a mortgage. We have a Birch and Middleton conveyancer, however the mortgage company advise he's not on their "panel". It appears that we have no choice but to select one of the mortgage company panel solicitors or retain our Birch and Middleton lawyer and pay for one of their panel firms to act for them. We regard this is unjust; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Birch and Middleton conveyancing solicitor to apply to be on the conveyancing panel.
Our lawyer has uncovered a a problem with the lease for the flat we are purchasing in Birch and Middleton. The other side have suggested defective title insurance as a workaround. We are happy with insurance and will pay for it. Our lawyer has advised that he must ensure that the mortgage company is willing to move forward with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender 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 conveyancer will have no choice but to discontinue acting for you.
Are the BSA planning on creating a search tool with a view to to identify practices on the Loughborough BS conveyancing panel for instance in Birch and Middleton?
We have not been informed any plans on the part of the BSA to promote such a tool.
We are buying a 4 bedroom semi-detached house in Birch and Middleton. The intention is to an extension at the rear at the property.Will legal due diligence on the property involve checks to ascertain if these alterations are prohibited?
Your solicitor will review the deeds as conveyancing in Birch and Middleton can on occasion reveal restrictions in the title documents which restrict categories of changes or require the consent of another owner. Many extensions require local authority planning consent and approval in accordance building regulations. Many locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be wise to check these issues with a surveyor ahead of any purchase.
Can you point me to a directory of Kent Reliance panel conveyancers in Birch and Middleton on the Council of Mortgage Lender’s Website?
No. There is no such facility on the Council of Mortgage Lenders or Building Society Association websites. Very few lending institutions make their panel listings viewable over the internet. Where you are in need of a Birch and Middleton conveyancer on the Kent Reliance please make the most of our facility.
I am selling my apartment. I had a double glazing fitted in August 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Bank of Ireland are being difficult. The Birch and Middleton solicitor who is on the Bank of Ireland conveyancing panel is recommending indemnity insurance as a solution but Bank of Ireland are requiring a building regulation certificate. Why do Bank of Ireland have a conveyancing panel if they don't accept advice from them?
It is probably the case that Bank of Ireland have referred the matter to their valuer. The reason why Bank of Ireland may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I am looking at a two flats in Birch and Middleton both have in the region of 50 years remaining on the leases. Will this present a problem?
There are plenty of short leases in Birch and Middleton. The lease is a legal document that entitles you to use the property for a period of time. As a lease gets shorter the saleability of the lease decreases and it becomes more costly to acquire a lease extension. For this reason it is often a good idea to extend the lease term. Sometimes it is difficult to sell a property with a short lease as mortgage lenders may be unwilling to lend money on properties of this type. Lease extension can be a protracted process. We recommend you seek professional help from a conveyancer and surveyor with experience in this arena.
Leasehold Conveyancing in Birch and Middleton - Examples of Queries before Purchasing
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How much is the maintenance charge and ground rent on the property? This question is helpful as a) areas may result in problems in the block as the common areas may start to deteriorate if services remain unpaid b) if the leasehold owners have a dispute with the running of the building you will wish to have full disclosure Are any of leasehold owners in dispute over their service charge payments?
The property lawyers undertaking our conveyancing in Birch and Middleton has forwarded papers to review that reveal that the property is unregistered with epitome documents. Is it not the case that all properties in Birch and Middleton are registered?
Although most properties in Birch and Middleton are now registered with the Land Registry there are still a few that are unregistered. Any property in Birch and Middleton that has been transferred since the late 1980’s will have been registered at the HMLR under the compulsory ‘first registration’ scheme. However, if a Birch and Middleton property has not changed hands in that time then it’s likely the old fashioned title deeds will be the only evidence of ownership.Many Birch and Middleton conveyancing practitioners should be capable of dealing with such matters but if any uncertainty reigns the usual recommendation presently is for the seller’s conveyancer to register the title first and thereafter sell - this undoubtedly cause a significant delay.