We are buying a 3 bedroom apartment in Dudley with a mortgage. We wish to retain our Dudley solicitor, however the lender says she’s not on their "panel". It seems we have little choice but to appoint one of the bank panel solicitors or keep our Dudley lawyer and pay for one of their panel firms to represent them. This feels very unfair; is there anything we can do?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Dudley conveyancing lawyer to apply to be on the conveyancing panel.
I am considering applying for a Bank of Ireland mortgage for purchase of a new build (under development) in Dudley with 60% LTV. Is it compulsory to choose a solicitor on the conveyancing panel for Bank of Ireland ?
In theory, you could use a solicitor that is not on the Bank of Ireland conveyancing panel, but Bank of Ireland would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.
I'm the sole beneficiary of my late grandmother’s estate with all property in now in my sole name, including the my former home in Dudley. The Dudley property was put into my name in March. I want to move. I understand that there is a CML six month 'rule', which means that my property ownership may be considered the same way as though I had purchased the property in March. Is the property unsalable for six months?
The CML handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be impacted by that. How sensible a view mortgage companies take of it, depend on the bank as this provision chiefly exists to pick up on subsales or the wholesaling and assigning of properties.
I am currently in the process of buying my council flat in Dudley. I have a mortgage agreed with Santander. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Santander, you will need to appoint a solicitor on the Santander conveyancing panel.
The mortgage over my property is with RBS for my property in Dudley. Conveyancing has been completed some time ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform RBS?
Your original mortgage agreement with RBS will provide that you need their approval prior to letting out your property as this is likely to be a breach of RBS’s mortgage conditions. In many cases banks or building societies will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact RBS directly. It should not be necessary to do this via a RBS conveyancing panel lawyer.
What does a local search reveal concerning the property my wife and I purchasing in Dudley?
Dudley conveyancing often commences with the applying for local authority searches directly from your local Authority or via a personal search organisations for instance PSG The local search plays an important part in many a Dudley conveyancing purchase; that is if you wish to avoid any nasty once you have moved into your property. The search should reveal data on, amongst other things, details on planning applications relevant to the premises (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 subject areas.
Having had my offer accepted I require leasehold conveyancing in Dudley. Before I get started I want to be sure as to the number of years remaining on the lease.
If the lease is recorded at the land registry - and almost all are in Dudley - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Dudley Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing
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Many Dudley leasehold properties will incur a service bill for the upkeep of the block set by the landlord. Should you acquire the apartment you will have to meet this liability, normally quarterly throughout the year. This can be anything from several hundred pounds to thousands of pounds for buildings with lifts and large common grounds. In all probability there will be a rentcharge for you to pay annual, normally this is not a exorbitant figure, say around £25-£75 but you need to enquire it because on occasion it could be surprisingly expensive. It would be prudent to find out if there is anything that is prohibited in the lease. By way of example it is very common in Dudley leases that pets are not allowed in certain buildings in Dudley. If you like the flatin Dudley however your cat is not allowed to make the move with you then you will be presented with a difficult determination. It would be wise to find out as much as you can about the managing agents as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to every day matters such as the tidiness of the common parts. Ask other tenants whether they are happy with their management. In conclusion, find out the dates that the service charges are due to the managing agents and specifically what you get for your money.
I am unfit to be present at my Dudley conveyancing solicitors office to sign documents for conveyancing in Dudley – will this be an issue?
You need not be concerned. Dudley conveyancing solicitors can undertake home moves for clients from a distance. It is not necessary for you to be able to visit a Dudley conveyancers office. Almost all solicitor can handle everything via phone, post and email - whatever works for you.