Me and my partner are planning to buy a 3 bedroom flat in Carlton with a mortgage. We have a Carlton conveyancer, but the mortgage company says she’s not on their "panel". It appears that we have no choice but to instruct one of the mortgage company panel conveyancing practices or continue with our Carlton lawyer and pay for one of their panel lawyers to represent them. This feels very unfair; 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. Another option that might be available is for your Carlton conveyancing solicitor to apply to be on the conveyancing panel.
My partner and I have recently purchased a property in Carlton. We have noticed several problems with the property which we believe were omitted in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that needed to have been conducted as part of conveyancing in Carlton?
The query is vague as to the nature of the problems and if they are relate to conveyancing in Carlton. Conveyancing searches and investigations undertaken during the buying process are supposed to help avoid problems. As part of the legal transfer of property, a property owner fills in a form called a Seller’s Property Information Form. answers proves to be misleading, you may have a misrepresentation claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Carlton.
I had intended to instruct a conveyancing solicitor in Carlton for our house move. Our financial adviser informed us that our mortgage lenders Barclays won't deal with them. Why is this not regarded as unfair competition?
A decade ago most lenders had a different appetite for risk. Almost all Carlton conveyancing firms would have been on most lender panels. The Financial Services Authority in 2010 carried out a thematic investigation into mortgage fraud which concluded: mortgage lenders should know the conveyancing solicitors dealt with. Consequently, mortgage companies have regularly sought more data from law firms about their operations and the individuals who work for them as well as establishing certain criteria such a completing on a minimum volume of transactions. Many Carlton conveyancing firms that have been excluded from lender panels have Unblemished track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Carlton is amongst the many locations where the lawyers we list are are approved Barclays .
I got the keys to my apartment on 4 May and my personal details is not yet on the land registry website. Need I be worried? My conveyancing solicitor in Carlton expressed confidence that it would be recorded in less than a month. Are titles in Carlton uniquely lengthy to register?
There is nothing unique about conveyancing in Carlton registration formalities. Rather than based on location, timeframes can differ depending on the party submitting the application, whether there are errors and if the Land registry communicate with any 3rd persons or bodies. At present approximately 80% of submission are fully dealt with within two weeks but some can be subject to longer hold-ups. Historically registration is effected after the buyer has moved in to the property therefore an expedited registration is not always primary concern yet where there is a degree of urgency associated with the registration then you or your conveyancer can communicate with the Registry to express the reasoning for the application to be prioritised.
We're new on the property ladder - agreed a price, yet the agent told us that the vendor will only go ahead if we use the agent's recommended solicitors as they need an ‘expedited deal’. Our preferred option is to instruct a high street conveyancer with experience of conveyancing in Carlton
We suspect that the owner is not behind this requirement. Should the owner desire ‘a quick sale', taking such a hostile approach to a genuine buyer is not the way to achieve this. Contact the owners directly and make sure they comprehend that (a)you are serious purchasers (b)you are ready to go, with mortgage lined up © you are unencumbered (d) you wish to move quickly (e)but you intend to instruct your preferred Carlton conveyancing solicitors - as opposed tothose that will provide the negotiator at the agency a kickback or hit his conveyancing targets set by senior management.
My parents are unable to locate their Carlton land registry title on the online search facility. They recall that back in the 60’s when they acquired the bungalow there were complications regarding the address not being recognised in some systems.
The vast majority of premises in Carlton should be revealed. Have you tried a search to simply the postcode. Ordinarily it should mention all the properties within the postcode. Assuming the property is registered it will be there with a title number. If they bought back in the 60’s it's conceivable it may be not yet registered. The property may still be revealed but with the title number shown 'na'. In this scenario you will need to find the original title documentation which could be with your parent’s bank.