Is the fact that my solicitor in Chippenham is not identified on my mortgage company's conveyancing panel that there is a problem with the standard of the firm’s conveyancing?
It would be unwise to jump to that conclusion. There are plenty of reasonable explanations. Just recently a report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Chippenham conveyancing firm and enquire why they are no longer on the approved list for your lender.
we are a couple who wish to acquire a 1 bedroom apartment in Chippenham with a homeloan from Santander.We have a Chippenham conveyancing practitioner but Santander says her practice is not on their "panel". We have to appoint a Santander panel lawyer or retain our preferred solicitor and fork out for one of their panel ones to represent them. This seems very unfair; Can we not simply insist that Santander use our lawyer?
No, not really. The home loan issued to you contains various provisions, a common one being that lawyers needs to be on the Santander approved list. Until recently, most mortgage companies 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 lawyer to apply to be on the conveyancing panel for Santander
I am buying a 4 bedroom semi-detached house in Chippenham. Our aim is to carry out an extension to the side at the property.Will legal conveyancing on the property involve checks to see if these alterations are prohibited?
Your solicitor should review the deeds as conveyancing in Chippenham will on occasion reveal restrictions in the title deeds which restrict categories of alterations or require the consent of a 3rd party. Many additions require local authority planning permissions and approval under the building regulations. Many areas are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be wise to check these things with a surveyor ahead of any purchase.
I am the only beneficiary of my late grandmother’s will and I have everything in my name alone, including the house in Chippenham. The Chippenham property was put into my name in October. I want to move. I do know about the CML 6 month 'rule', which means that my property ownership will be considered the same way as if I'd bought the property in October. Is the property unsalable for six months?
The Council of Mortgage Lenders’ handbook obliges conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be caught by that. How practical a view banks take of it, depend on the bank as this obligation is primarily there to pick up on subsales or the flipping of property.
I recently had an offer accepted on an apartment in Chippenham. My mortgage broker pressured me to appoint their conveyancing practitioner. I paid an advanced payment of £150. Not long after, the solicitor called me to say that they were not on the UBS 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 UBS 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.
How does conveyancing in Chippenham differ for newly converted properties?
Most buyers of new build premises in Chippenham approach us having been asked by the developer to exchange contracts and commit to the purchase even before the property is finished. This is because new home sellers in Chippenham usually purchase 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 accustomed to new build conveyancing in Chippenham or who has acted in the same development.
Do I need to be suspicious about brokers that I am dealing with are encouraging me to use an online conveyancing firm rather than a High Street Chippenham conveyancing company?
As is the case with many service providers, often referrals from connections can be most helpful. Nevertheless there are lots of people with a vested interest in a conveyancing matter; estate agents, financial adviser and mortgage companies might all put forward lawyers to retain. Sometimes these conveyancers might be known to one of the organisations as one of the best in their field, but sometimes there exists a financial incentive behind the endorsement. You are at liberty to select your preferred lawyer. Don't forget that many mortgage providers specify a panel list of solicitors you have to use for the mortgage aspect of your transaction.
My father-in-law has urged me to instruct his conveyancing solicitors in Chippenham. Do I take his advice?
No doubt it’s preferable to find a conveyancing lawyer is to get guidance from friends or family who have experience in using the conveyancer you're contemplating using.