Is the fact that my conveyancer in Darlington is not listed on my mortgage company's solicitor panel that there is a problem with the quality of her work?
That is most likely a wrong assumption to make. There are all sorts of perfectly reasonable 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) lack 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 Darlington conveyancing firm and enquire why they are no longer on the approved list for your mortgage company.
We are acquiring a newly constructed apartment in Darlington and my lawyer is telling me that she has to the bank to disclose incentives from the builder. I am under pressure to exchange contracts and I would rather not delay deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your conveyancing practitioner. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
My bid for a property was accepted at auction in Darlington. Conveyancing is required. What is next?
Given that you are now exchanged you now have to appoint a conveyancing lawyer as a matter of priority as you will have a fast approaching a fixed date to complete the property. An auction property should have a corresponding legal pack. This will include most,if not all of the documents that your lawyer requires. If you have purchased leasehold property the legal pack should provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork pertinent to a leasehold property. You need to hand this to your appointed conveyancing solicitor as soon as possible. Do make sure that you have funds in place to complete on the on the contractual date .
I am buying a property in Darlington. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender UBS be concerned?
As you are obtaining a mortgage with UBS your lawyer must comply with the formal instructions contained in Section two of UK Finance Lenders’ Handbook for UBS. The Council of Mortgage Lenders’ Handbook includes minimum specifications for solar panel roof-space leases, and lawyers are required to report to UBS where a lease fails to satisfy these specifications. The conditions relate to the installation of panels on properties nationwide and is not limited to Darlington.
I have paid off my mortgage with Virgin Money. I assume I don't need a Darlington lawyer on the Virgin Money panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Virgin Money 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 Virgin Money mortgage from the register. Virgin Money, 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 Virgin Money has sent the Land Registry the discharge electronically, and
- Virgin Money has instructed the Land Registry to do so
I own a semi-detached Georgian property in Darlington. Conveyancing practitioner acted for me and Bank of Ireland. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, another for leasehold with the matching address. I thought I was buying a freehold how can I check?
You should read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Darlington 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 question the situation with the conveyancing solicitor who conducted the purchase.
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in a fortnight ago in what should have been a quick, no chain conveyancing. Darlington is where the house is located. What do you suggest?
Flying freeholds in Darlington are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Darlington you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Darlington may ascertain 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 residence.
Can you offer any advice when it comes to choosing a Darlington conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a property lawyer for lease extension works (regardless if they are a Darlington conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Darlington conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions might be useful:
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Can they put you in touch with clients in Darlington who can give a testimonial? What are the legal fees for lease extension work?
Darlington Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to Purchasing
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What is the yearly maintenance fee and ground rent? How many years remain on the lease? What prohibitions are contained in the Darlington Lease?