It has come to my attention via my broker that my Frimley property lawyer is not on the mortgage company Conveyancing panel. How can I be certain that this is indeed the case?
You need to contact your Frimley conveyancer. It is reasonable to expect your lawyer to inform you what has happened. Where they are not on the panel they could put your in touch with solicitors on the approved list of lawyers for your lender.
My husband and I changing mortgage lender for our penthouse in Frimley with Barclays. We have a son 18 who lives at home. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the apartment is repossessed. I have two concerns (1) Is this document specific to the Barclays conveyancing panel as he never had to sign this form when we bought 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Barclays. This is solely used to protect Barclays if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Barclays had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
My bid for a property was accepted at auction in Frimley. Conveyancing is required. What is next?
Given that you have now exchanged you should hire the services of a conveyancing solicitor soon as you now have a fast approaching a drop dead date to complete the purchase. An auction property will ordinarily have an associated auction pack. This should include evidence of title and search results. Where you are dealing with leasehold property the conveyancing papers should include a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation pertinent to a leasehold property. You need to hand this to your appointed conveyancing solicitor as soon as possible. Do make sure that you have funds in place to complete the transaction on the set completion date.
is it true that all Frimley conveyancing solicitors on the RBS conveyancing panel are regulated by the Solicitors Regulatory Authority?
As solicitors, in order to be on the RBS conveyancing panel they would need to be regulated by the SRA. Some lenders do permit licenced conveyancers on their panel in which case such practice would be governed by the CLC.
I can not fathom if my bank requires a lease extension. I have called my Frimley bank branch on numerous occasions and was told it wasn't a problem and they will lend. My Frimley conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned to say that they refuse to lend based on their specific requirements. Who do I believe?
Your conveyancer has to comply with the CML Handbook Part 2 provisions for your lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company 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 am purchasing my first flat in Frimley with a mortgage from National Westminster Bank. The sellers would not reduce the price so I negotiated five thousand pounds worth of additionals instead. The sale representative suggested that I not to tell my lawyer about this side-deal as it could jeopardize my mortgage with National Westminster Bank. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
My husband and I are FTB’s - had an offer accepted, yet the estate agent has warned us that the seller will only move forward if we use their preferred lawyers as they want a ‘quick sale’. My instinct tells me that we should use a family solicitor with experience of conveyancing in Frimley
It is highly unlikely the vendors are behind this. If they desire ‘a quick sale', turning down a genuine buyer is likely to cause more damage than good. Speak to the owners direct and explain that (a)you are motivated buyers (b)you are ready to progress, with mortgage lined up © you have nothing to sell (d) you intend to proceed fast (e)however you intend to appoint your preferred Frimley conveyancing lawyers - rather thanthe ones that will provide the estate agent a commission or hit his conveyancing figures pre-set by head office.
My mother and father are encountering problems in finding their Frimley property on the HM Land Registry online search facility. They have a vague recollection back in the 60’s when they acquired the property there were complications regarding Frimley not being recognised in some systems.
Almost all premises in Frimley should be revealed. Have you tried a search with simply the postcode. Ordinarily it will mention all the premises within that postcode. Where registered it will show up with a title number. If they bought back in the 70’s it's conceivable it may be not yet registered. The address might still be revealed but with the title number shown 'na'. In this scenario you will need to track down the original title deeds which might be with your parent’s bank.