We are hoping to buy a 2 bedroom flat in Brigg with a mortgage. We like our Brigg solicitor, but the bank advise he's not on their "panel". We have to appoint one of the mortgage company panel firms or keep our Brigg conveyancing practitioner as well as pay for one of their panel lawyers to represent them. This feels very unfair; can we not require that the mortgage company use our Brigg conveyancer ?
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 Brigg conveyancing solicitor to apply to be on the conveyancing panel.
I have today made my last payment due on my mortgage with HSBC. I assume I don't need a Brigg lawyer on the HSBC panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your HSBC 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 HSBC mortgage from the register. HSBC, 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 HSBC has sent the Land Registry the discharge electronically, and
- HSBC has instructed the Land Registry to do so
I recently had an offer accepted on a house in Brigg. My financial adviser pressured me to appoint their conveyancing practitioner. I paid an advanced payment of £150. A couple of days later, the conveyancing practitioner contacted me sheepishly admitting that they were not on the Kent Reliance conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Kent Reliance panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Planning on purchasing a apartment in Brigg. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Nottingham conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Brigg property lawyer is on the Nottingham conveyancing panel.
Should our conveyancer be making enquiries regarding flooding during the conveyancing in Brigg.
The risk of flooding is if increasing concern for lawyers dealing with homes in Brigg. There are those who buy a property in Brigg, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the property. There are steps that can be taken during the course of a house purchase to forewarn the buyer.
Solicitors are not best placed to offer advice on flood risk, however there are a various checks that can be undertaken by the purchaser or on a buyer’s behalf which should give them a better understanding of the risks in Brigg. The standard completed inquiry forms sent to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the owner to determine whether the premises has suffered from flooding. If the premises has been flooded in past which is not revealed by the seller, then a purchaser may issue a claim for damages as a result of such an incorrect reply. The buyer’s conveyancers will also commission an environmental search. This should indicate whether there is any known flood risk. If so, further investigations will need to be carried out.
How does conveyancing in Brigg differ for new build properties?
Most buyers of new build property in Brigg come to us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is constructed. This is because builders in Brigg typically acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Brigg or who has acted in the same development.
I've recently found out that there is a flying freehold element on a property I have offered on last month in what should have been a straight forward, chain free conveyancing. Brigg is the location of the property. What do you suggest?
Flying freeholds in Brigg are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Brigg you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Brigg may ascertain 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 property.
I happen to be an executor of my recently deceased parent's Will, with a bungalow in Brigg which will be sold. The property is unregistered at the Land Registry and I'm advised that some EAs will insist that it is in place before they will move forward. What's the procedure for this?
In the circumstances you refer to it seems prudent to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.