My wife and I are hoping to purchase a home in Cleveleys and are in fact using a Cleveleys conveyancing practice. Within the past 48 hours our property lawyer has forwarded the sale agreement to be signed with a detailed report with the expectation that exchange is imminent. Lloyds TSB Bank have this morning contacted us to inform me that they have now hit a problem as our Cleveleys lawyer is not on their approved list of lawyers. Please explain?
If you are buying a property with the assistance of a mortgage it is usual for the purchasers' lawyers to also act for the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the bank's conveyancing panel and you may continue to use your own Cleveleys solicitors, in which case your legal fees may increase, and it will likely delay the transaction as you are adding another lawyer into the mix.
It is 10 years ago since I purchased my home in Cleveleys. Conveyancing solicitors have now been instructed on the sale but I am unable to track down my deeds. Will this jeopardise the sale?
You need not be too concerned. Firstly the deeds may be kept by your lender or they could be archived with the solicitor who acted in your purchase. Secondly the chances are that the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers obtaining up to date copy of the land registers. Nearly all conveyancing in Cleveleys involves registered property but in the rare situation where your home is unregistered it is more tricky but is resolvable.
Due to the input of my in-laws I had a survey completed on a property in Cleveleys prior to instructing lawyers. I have been told that there is a flying freehold overhang to the property. The surveyor advised that some mortgage companies may not give a loan on such a house.
It depends who your proposed lender is. Santander has different requirements from Nationwide. Should you wish to telephone us we can check via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Cleveleys. Conveyancing will be smoother if you use a solicitor in Cleveleys especially if they regularly deal with such properties in Cleveleys.
Do I need to be wary about estate agents that I am dealing with are encouraging me to use a factory type conveyancing firm as opposed to a High Street Cleveleys conveyancing company?
As with many service providers, often suggestions from family and friends can be very helpful. But there are lots of people with a keen interest in a conveyancing transaction; estate agents, financial adviser and banks might all recommend conveyancers to appoint. On occasion these solicitors might be known to one of the organisations as being good in their field, but occasionally there behind the scenes financial incentive behind the recommendation. You have the right to select your own lawyer. You need to be aware that most mortgage providers operate an approved list of lawyers you have to use for the lender related work in your transaction.
I am looking for a conveyancing lawyer in Cleveleys for my home move. Can I see a solicitor's complaints history with the profession’s regulator?
Anyone can review documented Solicitor Regulator Association (SRA) decisions arising from investigations from 2008 onwards. Go to Check a solicitor's record. To find information Pre 2008, or to check a firm's history, phone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, use +44 (0)121 329 6800. The regulator could monitor call for training reasons.
Online reading suggests that Cleveleys solicitors are more expensive than Cleveleys conveyancers in Cleveleys to use when buying a property. Am I better off using a conveyancer or a solicitor where I am purchasing for my home move in Cleveleys.
When it comes to conveyancing in Cleveleys the costs are unlikely to vary dramatically depending on whether the legal expert is a licenced conveyancer or solicitor.