We are hoping to purchase a 1 bedroom flat in Epworth with a mortgage. We like our Epworth conveyancer, however the bank advise he's not on their "panel". We have to appoint one of the bank panel solicitors or continue with our Epworth conveyancing practitioner and pay for one of their panel lawyers to represent them. This feels very unfair; can we not demand that the lender use our Epworth solicitor ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’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. A further alternative is for your Epworth conveyancing lawyer to apply to be on the conveyancing panel.
It is a dozen years since I acquired my property in Epworth. Conveyancing lawyers have now been retained on the sale but I can't locate my title documents. Is this a major issue?
Don’t worry too much. First the deeds may be retained by the lender or they may be in the possession of the conveyancers who handled the purchase. Secondly the likelihood is that the land will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors acquiring current official copies of the land registers. The vast majority of conveyancing in Epworth involves registered property but in the rare situation where your home is unregistered it is more problematic but is resolvable.
We previously appointed conveyancing lawyers locally in Epworth on the Aldermore solicitor panel. They are now charging me an additional sum for the legal aspects of the Aldermore mortgage. Is this a supplemental conveyancing fee specified by Aldermore?
Provided it is contained in their Terms and Conditions or Quote then yes your conveyancing practitioner may charge a fee for this. This fee is not set by Aldermore but by your Epworth property lawyer. Plenty of firms on the Aldermore panel will charge ’dealing with mortgage’ fee and others do not.
Last month we had a mortgage agreed in principle with Clydesdale. Epworth conveyancing lawyers have been selected. What is the average time that one could expect to receive a mortgage offer from Clydesdale?
There is no definitive answer here. Have Clydesdale completed the valuation? Have you informed Clydesdale as to your lawyers' details and checked that your lawyers are on the Clydesdale conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
I have a mortgage with UBS for my property in Epworth. Conveyancing has been completed a year ago. In the event that I decide to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform UBS?
You must advise UBS in advance of letting out your property as this is likely to be a breach of UBS’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 UBS directly. It should not be necessary to do this via a UBS conveyancing panel lawyer.
The estate agent has sent us the confirmation of our purchase of a new build flat in Epworth. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Epworth
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Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what should have been a quick, chain free conveyancing. Epworth is the location of the property. Can you offer any opinion?
Flying freeholds in Epworth are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Epworth you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Epworth may decide 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 premises.
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At this site get a conveyancing costs illustration from a Solicitor or Licensed Conveyancer that understands the nuances for your conveyancing in Epworth. As opposed to estate agents and many comparison sites we are not in the business of charging firms a fee if you choose them for your home move in Epworth