Am I correct in assuming that the fact that my conveyancer in Clapham is not listed on my bank's solicitor panel that there is a problem with the standard of his work?
It would be unwise to jump to that conclusion. There are all sorts of perfectly plausible explanations. A recent report by the solicitors regulator revealed 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume 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 Clapham conveyancing firm and enquire why they are no longer on the approved list for your lender.
Have just purchased a probate house at auction in Clapham. Conveyancing is necessary. What is next?
Having exchanged you must find a conveyancing solicitor quickly as you are facing a fast approaching a drop dead date to complete the property. Every auction property will ordinarily have a bespoke auction set of papers. This will likely include evidence of title and search results. If you have purchased leasehold premises the auction pack should include a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork specific to a leasehold property. You should give this to the conveyancer instructed by you ASAP. You also need to ensure that that you have the requisite funding in order to complete on the on the contractual date .
Is it the case that all Clapham CQS (Conveyancing Quality Scheme) solicitors are on the Lloyds conveyancing list of approved practices?
Some major banks and building societies now utilise the accreditation scheme as the kick off point for Panel membership such as HSBC and Santander. CQS accreditation however is no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their panels.
I am buying a property in Clapham. An unusual aspect is that the roof has a solar panel. Bank of Ireland have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As you are obtaining a mortgage with Bank of Ireland your lawyer must follow the formal instructions contained in Part 2 of UK Finance Lenders’ Handbook for Bank of Ireland. The Council of Mortgage Lenders’ Handbook includes minimum specifications for solar panel roof-space leases, and conveyancers are required to report to Bank of Ireland where a lease fails to comply with these requirements. The specifications relate to the installation of panels on properties in England and Wales and is not restricted to Clapham.
Despite weeks of looking the Title Certificate and documents to my house are lost. The conveyancers who did the conveyancing in Clapham 5 years ago have long since closed. What are my next steps?
Gone are the days when you need to hold title deeds to evidence that you are the registered proprietor of land or property, as the Land Registry hold details of all registered land or property electronically.
How does conveyancing in Clapham differ for new build properties?
Most buyers of new build residence in Clapham approach us having been asked by the seller to exchange contracts and commit to the purchase even before the house is completed. This is because new home sellers in Clapham tend to 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 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 Clapham or who has acted in the same development.
Due to the guidance of my in-laws I had a survey completed on a property in Clapham in advance of instructing lawyers. I have been informed that there is a flying freehold aspect to the house. Our surveyor has said that some mortgage companies may not grant a mortgage on this type of house.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can investigate further with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Clapham. Conveyancing may be slightly more expensive based on your lender's requirements.
I have selected a Clapham conveyancing solicitor for our home move (FTB’s) and have spotted in the engagement letter that they are not overseen by the Financial Conduct Authority. Need I be worried or is that the norm with solicitor?
We can't see why they should be. Most property lawyer don't lend money. They should be governed by the Solicitors Regulation Authority, who set stringent stipulations regulating monies sitting in their bank.