My husband and I are planning to purchase a 2 bedroom apartment in Chelmsford with a mortgage. We would like to retain our Chelmsford lawyer, but the bank advise he's not on their "panel". We have to appoint one of the bank panel conveyancing practices or retain our Chelmsford lawyer and pay for one of their panel lawyers to represent them. We regard this is unjust; can we not demand that the mortgage company use our Chelmsford property lawyer ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’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 Chelmsford conveyancing lawyer to apply to be on the conveyancing panel.
It is is a decade since I acquired my property in Chelmsford. Conveyancing lawyers have now been retained on the sale but I can't locate the title documents. Is this a major issue?
Don’t worry too much. Firstly the deeds may be kept by your lender or they may stored with the lawyers who handled your purchase. Secondly the chances are that the property will be recorded at the land registry and you will be able to prove you own the property by your conveyancing lawyers procuring current official copies of the land registers. Most conveyancing in Chelmsford involves registered property but in the rare situation where your property is not registered it adds to the complexity but is resolvable.
Various internet forums that I have frequented warn that are the main cause of stalling in Chelmsford conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) has noted the conclusions of research by MoveWithUs that conveyancing searches do not figure within the top 10 causes of hindrances during the legal transfer of property. Local searches are unlikely to be the root cause of slowing down conveyancing in Chelmsford.
How does conveyancing in Chelmsford differ for new build properties?
Most buyers of new build premises in Chelmsford contact us having been asked by the developer to sign contracts and commit to the purchase even before the house is constructed. This is because builders in Chelmsford typically buy 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 conveyancers 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 accustomed to new build conveyancing in Chelmsford or who has acted in the same development.
Due to the advice of my in-laws I had a survey completed on a house in Chelmsford ahead of instructing lawyers. I have been told that there is a flying freehold overhang to the property. The surveyor advised that some banks tend refuse to issue a mortgage on this type of house.
It varies from the lender to lender. Bank of Scotland has different requirements from Halifax. Should you wish to call us we can investigate further with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Chelmsford. Conveyancing will be smoother if you use a solicitor in Chelmsford especially if they are familiar with such properties in Chelmsford.
We are 18 days into a freehold purchase having been referred to solicitors by the estate agent to do our conveyancing in Chelmsford. I am am very dissatisfied with the level of service. Could you you assist me in finding new solicitors?
A conveyancer would need to be really poor to suggest replacing them. Has your mortgage offer been sent? If so you will need to make them aware of the new contact details and ensure the mortgage documents are re-sent. The conveyancer needs to be on the mortgage company approved list to avoid escalating charges and frustration. That should be your starting point. Our search tool can help you find a lender approved solicitor for your conveyancing in Chelmsford