Am I correct in assuming that the fact that my conveyancer in Hale Barns is not on my mortgage company's solicitor panel that there is a problem with the standard of her work?
It would be unwise to jump to that conclusion. There are plenty of plausible explanations. A recent report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should simply call the Hale Barns conveyancing firm and enquire why they are no longer on the approved list for your lender.
We are acquiring a new build duplex in Hale Barns and my lawyer is informing me that she has to the lender to reveal incentives from the builder. The Estate Agents are hassling me to sign contracts and my preference is not to delay deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a lender panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
My grandmother passed away six months ago and as sole heir and executor I was left the house in Hale Barns. The house had a relatively small loan remaining of approximately £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Clydesdale, pay off the mortgage. Is this possible?
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 happen to be the single recipient of my late grandmother’s estate and I have everything in my name alone, including the my former home in Hale Barns. Conveyancing formalities meant that the Land Registry date was in August. I plan to dispose of the house. I understand that there is a Mortgage Lenders 6 month 'rule', which means that my proprietorship may be treated the same way as if I'd bought the property in August. Is the property unsalable for six months?
The CML handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be affected by that. Some mortgage companies would take a pragmatic view as this requirement is chiefly there to pick up on the purchase and immediately sell or the flipping of property.
I am currently in the process of buying my council flat in Hale Barns. I have a mortgage agreed with Co-operative. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Co-operative, you will need to appoint a solicitor on the Co-operative conveyancing panel.
TSB have agreed my home loan in principle, my offer on a house in Hale Barns has been agreed to, what are the next steps?
The property agent will want to know who your solicitors are (make sure the solicitors are on the lender’s panel). Call up TSB or your broker and finalise any outstanding documentation. TSB will instruct a valuer who will get in touch with the selling agent or owners to book a time for the valuation to occur. Once carried out (assuming no problems) it takes on average ten days to receive the mortgage offer. TSB will issue the offer to you and your property lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Hale Barns.
Will our conveyancer be raising enquiries about flooding during the conveyancing in Hale Barns.
Flooding is a growing risk for lawyers dealing with homes in Hale Barns. Some people will acquire a house in Hale Barns, fully expectant that at some time, it may be flooded. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or sell the premises. There are steps that can be taken during the course of a house purchase to forewarn the buyer.
Conveyancers are not qualified to offer advice on flood risk, however there are a various searches that may be initiated by the buyer or by their lawyers which should give them a better understanding of the risks in Hale Barns. The conventional set of completed inquiry forms sent to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard question of the vendor to find out if the property has historically flooded. In the event that flooding has previously occurred and is not revealed by the owner, then a buyer could commence a compensation claim resulting from an inaccurate reply. A buyer’s solicitors may also commission an environmental search. This will disclose if there is a recorded flood risk. If so, further investigations should be made.
I used Wolstenholmes a few years past for my conveyancing in Hale Barns. I now require my file however cannot find the solicitor. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Hale Barns of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.