My solicitor has identified a defect with the lease for the property we are purchasing in Blackfen. The other side have suggested title insurance as a workaround. We are content with insurance and will pay for it. Our property lawyer says that he must ensure that the lender is happy with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your solicitor 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 bank 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.
Finally the sale completed on my house in Blackfen last June but our buyer keeps e-mailing every few hours to say his conveyancer is waiting to hear from mine. What should my lawyer have done following completion?
Following your house sale your solicitor should deliver the transfer deeds and all additional paperwork to the buyer’s conveyancer. If applicable, your lawyer should also send confirmation that the mortgage has been redeemed to the purchasers conveyancers. There is unlikely to be post completion tasks unique to conveyancing in Blackfen.
Do I need to have a meeting at the offices of the solicitor to sign the mortgage deed? If so, I will instruct a firm who offer conveyancing in Blackfen so that I can attend their offices when needed.
Nowadays approved lawyers for banks undertake their work through Royal Mail, internet or over the phone. This enables them to conduct the conveyancing transaction regardless of where you live in the country. However you should check if you can still book an appointment to visit conveyancing lawyer if just in case this is required.
Various web forums that I have frequented warn that are the number one cause of stalling in Blackfen conveyancing transactions. Is there any truth in this?
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 delays in the conveyancing process. Local searches are unlikely to feature in any slowing down conveyancing in Blackfen.
Back In 2002, I bought a leasehold flat in Blackfen. Conveyancing and HSBC Bank mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Blackfen who acted for me is not around. What should I do?
The first thing you should do is make enquiries of HMLR to make sure that this person is indeed the new freeholder. It is not necessary to instruct a Blackfen conveyancing firm to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Notwithstanding our best endeavours, we have been unsuccessful in trying to purchase the freehold in Blackfen. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Where there is a missing landlord or where there is dispute about what the lease extension should cost, under the relevant statutes it is possible to make an application to the LVT to make a decision on the sum to be paid.
An example of a Lease Extension matter before the tribunal for a Blackfen property is 103a Footscray Road in January 2014. The tribunal determines that the premium payable for the extended lease should be £34,500 according to the expert witness valuation calculation This case affected 1 flat.
I have checked your search tool I can't find the lawyer I was hoping to instruct as being on the mortgage company conveyancing panel. My lawyer has said that they are on the mortgage company approved panel. How can I be sure given that they are not listed on your directory?
Not all firms are yet listed on our lender panel search tool which is still relatively new. Law firms are listing on a daily basis and it is probably the case that your lawyer is on the mortgage company conveyancing lawyer and you should probably take them at their word. Please do feel free to suggest that they completing their listing on our site as it would only cost them £1 a month to list themselves as being on the bank solicitor panel.