Our lawyer has uncovered a defect with the lease for the property we are buying in Dulwich. The seller’s lawyers have suggested title insurance as a solution. We are content with insurance and will cover the costs. Our conveyancing practitioner has advised that he must ensure that the mortgage company is happy with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your solicitor will have no choice but to discontinue acting for you.
We are purchasing a 2 bedroom apartment in Dulwich with a residential mortgage from Clydesdale.We would like to retain our Dulwich conveyancing solicitor but Clydesdale says her practice is not listed on their approved list of firms. It seems we are left with little choice but to instruct a Clydesdale panel firm or keep our high street solicitor and fork out for one of their panel ones to act for them. We feel as though this is unjust; Can we not simply insist that Clydesdale use our lawyer?
No, not really. The mortgage offered to you contains terms and conditions, one of which will be that conveyancers must be on the Clydesdale approved list. Until recently, most mortgage companies had large numbers of solicitors 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 lawyer to apply to be on the conveyancing panel for Clydesdale
I bought my home on 11 October and my personal details is not yet on the land registry website. Need I be worried? My conveyancing solicitor in Dulwich advises it should be concluded in a couple of weeks. Are titles in Dulwich particularly slow to register?
There is nothing unique about conveyancing in Dulwich registration formalities. As opposed to being determined by geographic area, timeframes can adjust according to the party submitting the application, whether it is in order and whether the Land registry have to notify any interested parties. Currently roughly 80% of submission are fully dealt with in less than three weeks but some can be subject to longer delays. Historically registration is effected after the buyer is living at the property therefore 'speed' is not typically primary concern yet if there is a degree of urgency associated with the registration then you or your solicitor must contact the land registry and explain the circumstances.
I decided to have a survey carried out on a property in Dulwich before instructing conveyancers. I have been informed that there is a flying freehold element to the property. My surveyor advised that some lenders tend refuse to issue a mortgage on a flying freehold property.
It depends who your proposed lender is. Santander has different requirements from Birmingham Midshires. Should you wish to call us we can investigate further with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Dulwich. Conveyancing will be smoother if you use a solicitor in Dulwich especially if they are familiar with such properties in Dulwich.
I am looking for a conveyancing practitioner in Dulwich for my house move. Is there any facility to see a solicitor's record with the legal regulator?
Anyone may read published Solicitor Regulator Association (SRA) decisions resulting from investigations from 2008 onwards. Visit Check a solicitor's record. For information Pre 2008, or to check a solicitors history, phone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, dial +44 (0)121 329 6800. The SRA could monitor telephone calls for training reasons.
I am purchasing a ground floor maisonette in Dulwich. Conveyancing solicitor is awaiting, from the vendor, building insurance paperwork. I was told today I was informed that the vendor must send the insurance schedule for the flat above also. Why does my conveyancing practitioner need to see the insurance for the flat above? Is it strictly necessary? We have been waiting for the previous fortnight…
It is not unheard of in leasehold conveyancing in Dulwich to find Conveyancing in Dulwich in a minority of cases reveals that the lease requires the leasehold owners to insure their individual flats rather than the freeholder insuring the entire premises - which is clearly better. Do check with your solicitor but it would appear that your property lawyer is looking to establish that the entire building is insured. Insuring your residence is no help when it comes to rebuilding after a fire if the 1st floor cannot be reinstated for lack of insurance cover.