Me and my partner are purchasing a 2 bedroom apartment in Godstone with a mortgage. We have a Godstone lawyer, however the lender advise he's not on their "panel". We have to appoint one of the mortgage company panel firms or continue with our Godstone conveyancing practitioner as well as pay for one of their panel firms to represent them. This feels very unfair; are we not able to insist that the bank use our Godstone lawyer ?
No, not really. The mortgage offered to you 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 Godstone conveyancing solicitor to apply to be on the conveyancing panel.
My uncle passed away last year and as sole heir and executor I was left the property in Godstone. The house had a relatively small loan left on it of around £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Clydesdale, pay off the mortgage. Is this allowed?
Given you plan to re-mortgage then Clydesdale will require that you use a conveyancer on the Clydesdale 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 Clydesdale 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 Clydesdale mortgage is registered as a charge at the Land Registry.
I require fast conveyancing in Godstone as I am under a deadline to sign on the dotted line in less than 4 weeks. Fortunately I do not need a mortgage. Is it possible to avoid the conveyancing searches to save fees and time?
If.Given you are not taking a mortgage you have the choice not to do searches although no law firm would advise that you don't. With lots of history conveyancing in Godstone the following are examples of what can appear and adversely impact future saleability: Refused Planning Applications, Overdue Fees, Outstanding Grants, Road Schemes,...
We're novice buyers - had an offer accepted, yet the selling agent informed us that the vendor will only go ahead if we appoint their chosen solicitors as they are insisting on an ‘expedited deal’. Our preferred option is to instruct a family solicitor used to conveyancing in Godstone
We suspect that the owner is unaware of this request. If they require ‘a quick sale', alienating a genuine purchaser is likely to cause more damage than good. Bypass the agents and go straight to the owners and make sure they comprehend that (a)you are serious purchasers (b)you are excited to move forward, with mortgage lined up © you are chain free (d) you intend to proceed fast (e)however you are going to instruct your own,trusted Godstone conveyancing firm - rather thanthe ones that will earn their estate agent a referral fee or hit his conveyancing figures set by corporate headquarters.
Can you offer any advice when it comes to finding a Godstone conveyancing practice to carry out our lease extension conveyancing?
When appointing a conveyancer for lease extension works (regardless if they are a Godstone conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Godstone conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions might be of use:
-
How many lease extensions have they carried out in Godstone in the last twenty four months? How familiar is the practice with lease extension legislation?
Following months of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in Godstone. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
You certainly can. We are happy to put you in touch with a Godstone conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a Godstone residence is 223 Brighton Road in September 2013. The premium payable for the acquisition freehold of the properties should be £10,934 (Ten thousand,nine hundred and thirty four pounds) This case related to 3 flats. The unexpired term was 75 years.
Our conveyancer in Godstone has identified a a legal deficiency with the lease for the property we are purchasing in Godstone. The seller’s lawyers have put forward defective title insurance as a solution. We are happy with insurance and will pay for it. Our lawyer says that as he is on the mortgage company conveyancing panel he must be satisfied that the lender is happy with this solution. Who is the client here, us or 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. A precondition to being on the mortgage company 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 mortgage company 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.