Our conveyancer has uncovered a a problem with the lease for the apartment we are purchasing in Birstall. The seller’s lawyers have offered title insurance as a solution. We are content with insurance and will pay for it. Our conveyancing practitioner has advised that he must be satisfied that the mortgage company is content with this solution. Who is the client here, us or the bank?
Even though you have a mortgage offer from the bank does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your 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.
I am purchasing a semi-detached house in Birstall. Conveyancing solicitors are said to be ‘a necessary evil’ but can I do it myself?
Leaving aside the complexities and merits of DIY conveyancing in Birstall you will have to appoint a solicitor on your bank's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Birstall.
When it comes to lenders such as RBS, do Birstall solicitors have to pay an annual charge to be on the conveyancing panel?
We are not aware of any bank fees to register on their list of approved firms, although some do charge an administration charge to deal with the processing of the conveyancing panel application.
My wife and I have arranged the release of further funds on our home loan from Bank of Ireland as we wish to conduct alterations to our house in Birstall. Do we need to choose a local Birstall solicitor on the Bank of Ireland conveyancing panel to deal with the legals?
Bank of Ireland don't usually instruct firms on their approved list of lawyers to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Bank of Ireland list.
I have decided to exercise my right to buy my property in Birstall off the council. I have a mortgage offer with UBS. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with UBS, you will need to appoint a solicitor on the UBS conveyancing panel.
I am buying my first flat in Birstall with a mortgage from Lloyds TSB Bank. The sellers would not budge the price so I negotiated five thousand pounds worth of additionals instead. The house builders rep suggested that I not disclose to my solicitor about the side-deal as it may adversely affect my mortgage with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Am I best advised to choose a Birstall conveyancing lawyer based in the area that I am purchasing? An old friend can handle the legal work however they are based approximately 350miles away.
The primary upside of using a high street Birstall conveyancing practice is that you can drop in to sign documents, present your identification documents and pester them where appropriate. Having local Birstall know how is a plus. That being said it's more important to get someone that will do a good and efficient job. If other friends have instructed your friend and in the main were impressed that should trump using an unknown Birstall conveyancing lawyer solely due to them being Birstall based.
Is planning permission required to convert a single dwelling into a couple of appartments in Birstall? This has occurred to a house adjacent to a friend in Birstall and was ignorant of it happening until it was finished.
Planning Permission yes. Building Reg Approval yes.