We are buying a 2 bedroom flat in Flintshire with a mortgage. We wish to retain our Flintshire lawyer, however the bank says he's not on their "panel". It appears that we have little choice but to select one of the mortgage company panel firms or retain our Flintshire conveyancing practitioner and pay for one of their panel lawyers to represent them. We consider that this is unjust; is there anything we can do?
Unfortunately,no. Your mortgage offer 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. A further alternative is for your Flintshire conveyancing solicitor to apply to be on the conveyancing panel.
At what point does exchange of contracts take place for domestic conveyancing in Flintshire and am I required to be at the conveyancers branch?
If you are near to our conveyancing solicitors in Flintshire you are invited in to sign contracts. That being said, the lender approved solicitors we work with provide countrywide coverage for conveyancing and give as equally diligent and professional a job for you when communicating with you electronically. The executing of the contract is not the point of no return. Signing on the dotted line simply enables the firm to exchange contracts at the suitable time, which is ordinarily shortly after signing. The exchange process is is usually a five minute process, although where a long "chain" is involved, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Flintshire)to be in the office at the appropriate time.
We wanted to use a property lawyer in Flintshire for our house purchase. Our financial adviser informed us that our mortgage company Skipton Building Society won't deal with them. Surely this is unduly restrictive?
Before the recession most lenders had an appetite for risk which was higher than today. Almost all Flintshire conveyancing firms would have been on most lender panels. The FSA in 2010 carried out a thematic investigation into mortgage fraud which concluded: know the conveyancing solicitors dealt with. Consequently, mortgage companies are increasingly seeing more information from law firms relating to their operations and the individuals who work for them as well as set certain criteria such a completing on a minimum volume of transactions. Many Flintshire conveyancing firms that have been excluded from lender panels have a 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Flintshire is one of the thousands of areas where the conveyancers showing on our search results are are authorised to act for Skipton Building Society.
Forgive me if this question is silly but I am unexperienced as FTB of a garden flat in Flintshire. Do I collect the keys to the property on completion from my solicitor? If this is the case, I will use a High Street conveyancing solicitor in Flintshire?
On the day of completion you will not be required to go to the conveyancers office in Flintshire. Conveyancing lawyers for you will electronically transfer the purchase money to the owner’s solicitors, and shortly after the monies have arrived, you will be called to receive the keys from the property Agents and start moving into the property. Usually this occurs between 1 and 3pm.
We are getting a further advance on our mortgage from Clydesdale as we intend to conduct alterations to our property in Flintshire. Are we obliged to appoint a high street Flintshire solicitor on the Clydesdale conveyancing panel to deal with the paperwork?
Clydesdale don't usually appoint firms on their approved list of lawyers to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Clydesdale conveyancing panel.
It is not clear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Flintshire bank branch on various occasions and was reassured it wasn't an issue and they will lend. My Flintshire conveyancing solicitor - who is on the lender conveyancing panel- called to say that they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
Provided that the conveyancer is on the lender panel, they must comply with the Council of Mortgage Lenders’ Handbook conditions for the bank. Unless your lawyer obtains specific confirmation in writing that the lender 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 lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I purchased a 4 bedroom Victorian property in Flintshire. Conveyancing practitioner acted for me and Chelsea Building Society. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, another for leasehold under the matching property. I thought I was buying a freehold how can I check?
You should assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Flintshire and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the position with your conveyancing lawyer who conducted the conveyancing.
Due to the encouragement of my in-laws I had a survey completed on a house in Flintshire ahead of instructing solicitors. I have been told that there is a flying freehold overhang to the house. The surveyor advised that some lenders may not grant a loan on a flying freehold house.
It varies from the lender to lender. Santander has different instructions for example to Nationwide. Should you wish to telephone us we can look into this further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Flintshire. Conveyancing may be slightly more expensive based on your lender's requirements.