I was notified today by my estate agent that my Clowne solicitor is not on the bank Solicitor panel. How can I be certain if this is indeed the case?
The first thing you need to do is to call your Clowne conveyancer. You lawyer should notify you what has happened. Where they are not on the panel they could put your in touch with solicitors on the conveyancing panel for your lender.
I am considering mortgaging my home in Clowne, does my lawyer need to be on the Clydesdale Solicitor panel?
There is nothing to stop you using your solicitor, but Clydesdale will insist on their interests being represented by a firm on their conveyancing panel. There is greater potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.
I have today made my last payment due on my mortgage with RBS. I assume I don't need a Clowne conveyancer on the RBS panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your RBS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the RBS mortgage from the register. RBS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where RBS has sent the Land Registry the discharge electronically, and
- RBS has instructed the Land Registry to do so
I recently had an offer agreed on a house in Clowne. My financial adviser recommended their conveyancers. I paid an advanced payment of £175. A couple of days later, the lawyer contacted me sheepishly admitting 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.
I am selling my house. I had a double glazing fitted in December 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Virgin Money are being problematic. The Clowne solicitor who is on the Virgin Money conveyancing panel is saying indemnity insurance will be fine but Virgin Money are insisting on a building regulation certificate. Why do Virgin Money have a conveyancing panel if they don't accept advice from them?
It is probably the case that Virgin Money have referred the matter to their valuer. The reason why Virgin Money may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
What can a local search tell me regarding the property we're purchasing in Clowne?
Clowne conveyancing often starts with the submitting local authority searches directly from your local Authority or via a personal search company for example Xpress Legal The local search plays a central part in most Clowne conveyancing purchase; that is if you don’t want any nasty once you have moved into your property. The search should provide information on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic sections.
I purchased a semi-detached Georgian house in Clowne. Conveyancing lawyer acted for me and Bank of Scotland. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, the second leasehold with the matching property. I'd like to know for sure, how can I find out??
You should review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Clowne and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the position with your conveyancing solicitor who conducted the conveyancing.
In what way does the Landlord & Tenant Act 1954 impact my business property in Clowne and how can your lawyers assist?
The 1954 Act gives security of tenure to business lessees, granting the dueness to apply to court for a new lease and remain in occupation when the lease comes to an end. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing firms who use the act for protection and handle your commercial conveyancing in Clowne