I am purchasing a maisonette in Crook Log. My Solicitor has never been on on the lender conveyancing list. Is it possible for me to use my Crook Log conveyancing solicitor even though they are not on the lender panel?
You will need to use a conveyancer to deal with the legal work required when you take out a loan to purchase your property. The conveyancing practitioner will carry out all the relevant investigations on the property, make sure that you’re registered as proprietor and ensure that all the necessary mortgage documentation is dealt with. You may appoint a Crook Log lawyer of your choice. Nevertheless, if the lawyer appointed is not a member of the mortgage company approved list supplemental costs will be levied as separate legal representation will be required by them. Lender panel applications may be submitted, so provided your conveyancer has not historically applied for membership they should take the opportunity to apply.
Our lawyer has uncovered a a problem with the lease for the property we are purchasing in Crook Log. The seller’s lawyers have offered title insurance as a solution. We are happy with insurance and will pay for it. Our conveyancing practitioner says that he must be satisfied that the bank is willing to move forward with this solution. Are we the client or is the lender?
Regardless of the fact that you have a mortgage offer from the lender does not mean to say that the property will meet their provisions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the lender are the client. These conveyancing instructions have to be complied with.
is it true that all Crook Log solicitor practices on the HSBC conveyancing panel are regulated by the SRA?
As solicitors, in order to be on the HSBC conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. The majority of lenders do list licenced conveyancers on their panel in which case such practice would be overseen by the Council of Licensed Conveyancers.
I have today made my last payment due on my mortgage with Yorkshire BS. I assume I don't need a Crook Log conveyancer on the Yorkshire BS panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Yorkshire BS 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 Yorkshire BS mortgage from the register. Yorkshire BS, 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 Yorkshire BS has sent the Land Registry the discharge electronically, and
- Yorkshire BS has instructed the Land Registry to do so
I am due to exchange contracts on my apartment. I had a double glazing fitted in January 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, HSBC are being problematic. The Crook Log solicitor who is on the HSBC conveyancing panel is happy to accept ‘lack of building regulation’ insurance but HSBC are requiring a building regulation certificate. Why do HSBC have a conveyancing panel if they don't accept advice from them?
It is probably the case that HSBC have referred the matter to their valuer. The reason why HSBC 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.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. Crook Log is where the house is located. Can you offer any advice?
Flying freeholds in Crook Log are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Crook Log 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 Crook Log may determine 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 premises.
Last November I purchased a leasehold flat in Crook Log. Am I liable to pay service charges for periods before my ownership?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Notwithstanding our best endeavours, we have been unsuccessful in trying to purchase the freehold in Crook Log. Can this matter be resolved via the Leasehold Valuation Tribunal?
Absolutely. We can put you in touch with a Crook Log conveyancing firm who can help.
An example of a Lease Extension case for a Crook Log property is Various @ Colombus Square in January 2012. the Tribunal calculated the premiums to be paid for new leases for each of the flats in Mariners Walk to be £3822 and the premium to be paid for the new lease of 2 Knights Court to be £4439. This case affected 13 flats. The number of years remaining on the existing lease(s) was 76 years.
Me and my wife have today had a bid accepted on our first house in Crook Log, and are about to get solicitors appointed. We have used the various comparison tools and the quotes are from all across the England and Wales. Is it advisable to have a Crook Log lawyer local to the prospective property? We are fine to do all the communicating over the web, but I assume at some stage we will need to visit the solicitor's office to sign contracts?
On the whole there is no need to physically visit the office of your solicitor, they can post any relevant papers to you, which you can sign and return. Many home movers choose to use a locally based solicitor, but it is not essential for conveyancing in Crook Log.