I am acquiring a flat in Exeter. My Conveyancer is not listed on the bank solicitor list. Can I still use my Exeter conveyancing solicitor notwithstanding that they are not on the mortgage company panel?
One will need to instruct a conveyancing practitioner to complete the formalities if you require a mortgage to purchase your property. The conveyancer will carry out all the appropriate investigations on the property, ensuring that you’re registered as proprietor and ensure that all the necessary mortgage documentation is dealt with. You may instruct a Exeter conveyancer of your choice. Nevertheless, where the solicitor appointed is not a member of the lender solicitor panel supplemental fees will arise as separate legal representation will be need by the lender. Bank panel applications can be submitted, so provided your lawyer has not previously applied for membership they should do so.
My grandmother passed away 10 months ago and as sole heir and executor I was left the house in Exeter. The house had a small mortgage left on it of around £8000. I want to transfer the title deeds into my name whilst I re-mortgage to Barclays, pay off the mortgage. Is this allowed?
Where you plan to refinance then Barclays will require that you use a conveyancer on the Barclays conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Barclays conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Barclays mortgage is registered as a charge at the Land Registry.
Various web forums that I have visited warn that are the main cause of stalling in Exeter house deals. Is this right?
The Council of Property Search Organisations (CoPSO) has noted the conclusions of research by MoveWithUs that conveyancing searches do not figure amongst the common causes of delays in the conveyancing process. Local searches are not likely to feature in any slowing down conveyancing in Exeter.
Despite weeks of looking the Title Certificate and documents to our property are lost. The lawyers who handled the conveyancing in Exeter 10 years ago are no longer around. Will I be able to sell the house?
As long as the title is registered the information relating to your proprietorship will be evidenced by the Land Registry with a Title Number. It is possible to conduct a search at the Land Registry, locate your house and order current copies of the property title for less than a fiver. Where the title is Leasehold then the Land Registry will also normally retain a certified duplicate of the Registered Lease and again, a copy can be obtained for a small fee.
How easy is it to switch firm as I need to appoint a firm on the Lloyds TSB Bank conveyancing panel. I had appointed a family conveyancing solicitor in Exeter round the corner but she is not accepted by Lloyds TSB Bank
It would be our pleasure to help you find a conveyancing solicitor in Exeter on the Lloyds TSB Bank panel. Please note that the property lawyers that we list do not pay us fee if you instruct them and are fully regulated by the Solicitors Regulation Authority who oversee all conveyancing solicitors in Exeter. Using search facility on this site, you can compare and instruct different solicitors and conveyancers both nationally and in Exeter.
Our conveyancer in Exeter has identified a defect with the lease for the apartment we are purchasing in Exeter. The other side have offered defective title insurance as a solution. We are happy with insurance and will pay for it. Our solicitor says that as he is on the mortgage company conveyancing panel he must check that the lender is happy with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. A precondition to being on the bank approved panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects will the lease so that the bank 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 lawyer will have no choice but to discontinue acting for you.