I am not well enough to travel far from Cheshire. Please explain the reason why all Cheshire lawyers are not on all lender panels?
A decade ago most banks demonstrated an attitude to risk which is different than today. The Financial Services Authority in 2010 carried out a thematic review into fraud which concluded: know the lawyers on your panel. Consequently, banks have since requiredmore data from law firms about their processes and the staff employed by them and set certain criteria such as completing a minimum volume of transactions. Hundreds of firms have found themselves removed from lender panels even though they had 100% healthy disciplinary record, no complaints and zero claims and didn't just 'dabble' in conveyancing. Such firms were never going to satisfy the minimum amount of transactions the mortgage companies insisted on.
My son is in the process of securing a new build apartment in Cheshire with a mortgage from Bank of Ireland. His lawyer has said that there is a delay in receiving the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?
The form is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Bank of Ireland conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Bank of Ireland conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
We expect to receive a AIP from Nottingham this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Nottingham recommend any Cheshire solicitors on the Nottingham conveyancing panel, or is it better to go independently?
You will need to appoint Cheshire solicitors independently although you'll need to choose one on the Nottingham conveyancing panel. The solicitor represents both you and Nottingham through the process.
I recently had an offer accepted on a house in Cheshire. My financial adviser pressured me to appoint their lawyer. I paid an advanced payment of £150. Shortly after, the solicitor contacted me embarrassingly acknowledging that they were not on the Bank of Ireland 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 Bank of Ireland 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.
Our offer on a semi in Cheshire has been agreed to, but there is a chain. The vendors have placed an offer on a property, however it’s not yet agreed to, and have viewings of other properties booked. I have instructed a local conveyancing solicitor in Cheshire. What do I do now? At what stage should I apply for the mortgage with Kent Reliance?
It is normal to have anxieties where there is a chain as you are unlikely to want to be too out of pocket too early (mortgage application is approx £1k, then survey, Cheshire conveyancing search fees, etc). First, you must ensure that your solicitor is on the Kent Reliance conveyancing panel. As to the subsequent steps this very much depends on the circumstances of your case, motivation for the property and on the state of the market. During a rising market the majority of buyers will apply for the mortgage with Kent Reliance and pay for the valuation and only if it comes back ok would they pay their solicitor to press on with the conveyancing in Cheshire.
I purchased my flat on 2 August and the transaction details are still not on the land registry website. Should I be concerned? My conveyancing solicitor in Cheshire advises it should be dealt with inside ten days. Are properties in Cheshire particularly slow to register?
There is nothing unique when it comes to conveyancing in Cheshire registration formalities. As opposed to being determined by geographic area, timeframes can adjust depending on who lodges the application, whether it is in order and if the Land registry communicate with any 3rd persons or bodies. As of today approximately three quarters of submission are completed within 12 days but some can be subject to extensive delays. Registration takes place once the buyer has moved in to the premises so an expedited registration is not typically an essential issue yet where there is a degree of urgency associated with the registration then you or your solicitor must communicate with the Registry to express the reasoning for an expedited registration.
I've recently found out that there is a flying freehold element on a property I put an offer in a fortnight ago in what should have been a simple, chain free conveyancing. Cheshire is the location of the property. Is there any guidance you can give?
Flying freeholds in Cheshire are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Cheshire 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 Cheshire 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 property.
As co-executor for the estate of my father I am selling a house in Cardiff but live in Cheshire. My solicitor (based 200 miles awayneeds me to sign a stat dec before the transaction finalising. Can you recommend a conveyancing practitioner in Cheshire to witness this legal document for me?
Technically speaking you are unlikely to need to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or solicitor will be fine regardless of whether they are located in Cheshire