I had intended to instruct a conveyancing solicitor in Driffield for our house move. Our financial adviser has since notified us that our bank Godiva Mortgages Ltd won't deal with them. Surely this is unfair competition?
Mortgage Companies in the main imposes restrictions either the category or the number of conveyancing solicitors on their member panel. Typical examples of such criteria being that a firm must have two or more partners. In addition to restricting the profile of firm, some have limited the number of solicitor practices they allow to act for them. You should note that Godiva Mortgages Ltd have no responsibility for the quality of advice provided by any member of Godiva Mortgages Ltd Conveyancer Panel. Mortgage fraud was a key driver in the rationalisation of solicitor panels a few years ago even though there remains differing opinions about the extent of solicitor engagement in some of that fraud. Figures from the Land Registry reveal that plenty of law firms, including some in or near Driffield only conduct one or two conveyances per annum.
A colleague informed me that in buying a property in Driffield there may be a number of restrictions limiting what one can do in terms of external alterations to the property. Is this right?
There are anumerous of properties in Driffield which have some sort of restriction or requirement of consent to external variations. Part of the conveyancing in Driffield should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I can not fathom if my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Driffield bank branch on various occasions and was advised it wasn't an issue and they would lend. My Driffield conveyancing solicitor - who is on the mortgage company conveyancing panel- called to say that they refuse to lend in accordance with their published requirements. Who do I believe?
The conveyancer must comply with the CML Handbook Part 2 requirements for your lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
I have instructed a Driffield conveyancing practitioner having checked that they are on the Co-operative conveyancing panel. Does my lawyer arrange the survey of the property?
Co-operative will need an independent valuation of the property. Your lawyer will not arrange this. Usually Co-operative will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your solicitor will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Driffield postcode. As you are getting a mortgage with Co-operative, you could contact them to see if they have a list of approved surveyors in Driffield.
A friend suggested that if I am buying in Driffield I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is sometimes included in the estimate for your Driffield conveyancing searches. It is not a small document of about 40 pages, listing and detailing significant information about Driffield around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Driffield Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Local Education with maps and statistics, Local Amenities and other useful data regarding Driffield.
My wife and I own a terraced Victorian house in Driffield. Conveyancing practitioner acted for me and Skipton Building Society. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, the second leasehold under the exact same property. 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 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 Driffield and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the situation with your conveyancing solicitor who conducted the work.
I am buying a new build house in Driffield benefiting from help to buy. The sellers refused to budge the amount so I negotiated £7000 of additionals instead. The sale representative advised me not reveal to my solicitor about the extras as it would impact my mortgage with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
My father has encouraged me to appoint his lawyers for conveyancing in Driffield. Should I use them?
No doubt the best way to select a conveyancing practitioner is to get guidance from friends or relatives who have actually previously instructed the solicitor you're contemplating using.