My wife and I are intending to purchase a 1 bedroom flat in Birkenhead with a mortgage. We have a Birkenhead conveyancer, however the lender advise she’s not on their "panel". We have to appoint one of the lender panel conveyancing practices or retain our Birkenhead conveyancer and pay for one of their panel ones to represent them. This seems very unfair; can we not insist that the mortgage company use our Birkenhead conveyancer ?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’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. Another option that might be available is for your Birkenhead conveyancing solicitor to apply to be on the conveyancing panel.
I sincerely hope you can help me. My Birkenhead conveyancer is assuring me that she is duty bound toconduct Birkenhead conveyancing searches becausethe firm are on the Santanderconveyancing panel. Is this really necessary?
You have limited options available to you. As you are taking a home loan with a bank your conveyancing practitioner has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the CML Handbook conditions . Even if you were a cash buyer you would be ill advised not to carry out Birkenhead conveyancing searches.
My husband and I are hoping to buy a purpose built apartment in Birkenhead with a mortgage from Leeds Building Society.We use our Birkenhead conveyancing lawyer but Leeds Building Society informed us she’s not listed on their "panel". We have to appoint a Leeds Building Society panel solicitor or keep our local solicitor and fork out for a Leeds Building Society panel lawyer to represent them. This seems very unfair; is there anything we can do?
No, not really. The loan offered to you contains various provisions, a common one being that solicitors will be on the Leeds Building Society solicitor panel. in the past, 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 lawyer to apply to be on the conveyancing panel for Leeds Building Society
My husband and I are new on the property ladder - agreed a price, yet the property agent has warned us that the owners will only go ahead if we instruct the agent's preferred conveyancers as they need a ‘quick sale’. We would rather use a family solicitor used to conveyancing in Birkenhead
It is highly unlikely the owners are behind this. Should the owner require ‘a quick sale', turning down a motivated buyer is not the way to achieve this. Speak to the vendors direct and make sure they comprehend that (a)you are keen to buy (b)you are ready to progress, with finances in place © you do not need to sell (d) you intend to proceed fast (e)however you are going to appoint your own,trusted Birkenhead conveyancing firm - as opposed tothe ones that will provide the negotiator at the agency a kickback or hit his conveyancing figures pre-set by HQ.
I only have Fifty years remaining on my flat in Birkenhead. I am keen to get lease extension but my landlord is can not be found. What are my options?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to prove that you or your lawyers have made all reasonable attempts to find the landlord. On the whole an enquiry agent may be helpful to try and locate and to produce a report which can be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer both on proving the landlord’s disappearance and the application to the County Court overseeing Birkenhead.
Birkenhead Leasehold Conveyancing - A selection of Queries Prior to buying
-
How is the lease structured? How long is the Lease? It is important to be aware if a new roof is being installed or some other significant cost is anticipated that will be shared by the leasehold owners and will dramatically increase the the maintenance fees or result in a specific payment.
I need to find a mortgage company panel solicitor in Birkenhead. Can you assist?
Unfortunately it’s not apparent why you need a Birkenhead panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to the mortgage company to find out which solicitors in Birkenhead are on their panel . If you do find such a firm in Birkenhead not listed please direct them to our site to list. After all the cost is only one £1 a month