I am selling my flat in Cumberland and the EA has just e-mailed to warn that the purchasers are changing their conveyancer. The reason given is that the bank will only deal with solicitors on their approved list. On what basis would a leading lender only work with specific law firms rather the firm that they want to select to handle their conveyancing in Cumberland ?
Mortgage companies have always had panels of law firms that can represent them, but in the last few years big names such as Santander, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 15 years.
Lenders point to the increase in fraud as the reason for the reduction – criteria have been narrowed as a smaller panel is easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are not going to have any impact on this.
As someone not used to the Cumberland conveyancing process what is your top tip you can impart concerning the home moving process in Cumberland
You may not hear this from too many lawyers but conveyancing in Cumberland or throughout England and Wales is an adversarial experience. Put another way, when it comes to conveyancing there is an abundance of opportunity for confrontation between you and other parties involved in the house moving process. For example, the vendor, estate agent and on occasion your lender. Choosing a solicitor for your conveyancing in Cumberland is a critical decision as your conveyancer is your adviser, and is the ONE person in the process whose responsibility is to act in your legal interests and to protect you.
We are witnessing a distinct ongoing adversarial element to conveyancing- someone has to be at fault for the process being so protracted. We recommend that you must always trust your lawyer ahead of the other players in the conveyancing process.
We are intent on selling our home in Cumberland and according to the buyers it appears that there is a possibility that the property was constructed land that was not decontaminated. Any high street Cumberland lawyer would know this is not the case. It does beg the question why the buyers are using an internet conveyancing practice rather than a conveyancing solicitor in Cumberland. Having lived in Cumberland for 5 years we know of no issue. Should we contact our local Authority to seek confirmation need.
It sounds as though you may have a conveyancing solicitor currently acting for you. What do they say? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
As co-executor for the will of my aunt I am disposing of a residence in Newport but I am based in Cumberland. My solicitor (based 300 kilometers awayhas requested that I execute a statutory declaration prior to the transaction finalising. Can you recommend a conveyancing solicitor in Cumberland who can witness this legal document for me?
Technically speaking you are unlikely to need to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or solicitor will suffice regardless of whether they are Cumberland based
I only have 68 years remaining on my flat in Cumberland. I now wish to extend my lease but my freeholder is absent. What are my options?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to prove that you have used your best endeavours to find the freeholder. In some cases an enquiry agent should be useful to carry out a search and to produce a report which can be used as proof that the landlord is indeed missing. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court covering Cumberland.
I acquired a leasehold flat in Cumberland, conveyancing was carried out in 1997. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar properties in Cumberland with a long lease are worth £260,000. The ground rent is £45 charged once a year. The lease comes to an end on 21st October 2099
With only 74 years left to run the likely cost is going to be between £8,600 and £9,800 as well as plus your own and the landlord's "reasonable" professional fees.
The figure that we have given is a general guide to costs for renewing a lease, but we are not able to advice on a more accurate figure without more detailed due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information before getting professional advice.
We are in the midst of selling our flat in Cumberland. Conveyancing solicitors are doing their job but we are being charged an extortionate amount by the freeholder. To date we have issued a cheque for £250 for a leasehold management pack and then another £118 for additional questions raised by the buyers conveyancing practitioner.
Your solicitor will not have any sway over the level of the fee for this information however the typical fee for the information for Cumberland leasehold property is £355. When it comes to Cumberland conveyancing deals it is standard for the vendor to pay for these charges. The landlord or their agents are under no statutory obligation to answer such questions although many will agree to do so - albeit often at exorbitant prices disproportionate to the work involved. Unfortunately there is no statute that mandates capped charges for administrative tasks. Nor is there any set time limit by which they are required to issue the information.