My wife and I are purchasing a 2 bedroom flat in Blakelaw with a mortgage. We like our Blakelaw solicitor, but the bank advise she’s not on their "panel". It appears that we have little choice but to appoint one of the lender panel conveyancing practices or keep our Blakelaw lawyer as well as pay for one of their panel firms to represent 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 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. A further alternative is for your Blakelaw conveyancing lawyer to apply to be on the conveyancing panel.
I am considering applying for a Skipton mortgage for purchase of a newly converted (under development) in Blakelaw with 65 per cent LTV. Is it compulsory to choose a solicitor on the conveyancing panel for Skipton ?
There is nothing to stop you using your solicitor, but Skipton will insist on their interests being represented by a firm on their conveyancing panel. There is greater potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.
We have agreed to purchase a house in Blakelaw. A rare aspect is that the roof has a solar panel. Yorkshire BS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that your lender is Yorkshire BS your lawyer must check the formal requirements contained in Part 2 of UK Finance Lenders’ Handbook for Yorkshire BS. The CML Handbook stipulates minimum specifications for solar panel roof-space leases, and conveyancers are required to report to Yorkshire BS where a lease does not comply with these requirements. The provisions relate to the installation of panels on properties countrywide and is not restricted to Blakelaw.
I have paid off my mortgage with Nottingham. I assume I don't need a Blakelaw conveyancing practitioner on the Nottingham panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Nottingham mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Nottingham mortgage from the register. Nottingham, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Nottingham has sent the Land Registry the discharge electronically, and
- Nottingham has instructed the Land Registry to do so
I am due to exchange contracts on my flat. I had a double glazing fitted in December 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Leeds Building Society are being a right pain. The Blakelaw solicitor who is on the Leeds Building Society conveyancing panel is saying indemnity insurance will be fine but Leeds Building Society are insisting on a building regulation certificate. Why do Leeds Building Society have a conveyancing panel if they don't accept advice from them?
It is probably the case that Leeds Building Society have referred the matter to their valuer. The reason why Leeds Building Society 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 know that there are debates on Chancel Insurance on online forums. Do I need chancel insurance when purchasing a house in Blakelaw? or Apparently there is a law dating back centuries that means some house owners residing in a parish church boundary may be liable to pay for maintenance towards the chancel within the church. Is this a legitimate concern for conveyancing in Blakelaw?
Unless a previous acquisition of the property took place post 12 October 2013 you could take it that solicitors carrying out conveyancing in Blakelaw to remain encouraging a chancel search and or insurance against a claim.
Yesterday I discovered that there is a flying freehold element on a house I have offered on last month in what should have been a quick, no chain conveyancing. Blakelaw is where the house is located. What do you suggest?
Flying freeholds in Blakelaw are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Blakelaw you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Blakelaw may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
I have just started marketing my ground floor apartment in Blakelaw. Conveyancing lawyers have not yet been instructed, but I have recently had a yearly service charge demand – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should clear the maintenance contribution as usual given that all ground rent and service invoices should be allotted as part of the financial calculations for completion monies, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
Leasehold Conveyancing in Blakelaw - Examples of Questions you should ask Prior to Purchasing
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The answer will be helpful as a) areas may cause problems in the building as the common areas may begin to deteriorate where repairs remain unpaid b) if the leasehold owners have an issue with the managing agents you will want to have all the details Who is in charge of the block? It is important to be aware if redecorating or some other major work is anticipated to be shared amongst the leaseholders and will materially impact the level of the service charges or result in a one off invoice.