I do hope you can assist me. My Handsworth conveyancer is advising me that she is duty bound toapply for Handsworth conveyancing searches asthe firm are on the Santandersolicitor panel. Is this really necessary?
You have limited options available to you. As you are taking a home loan with a bank your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your property lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the CML Handbook conditions . Even if you were a cash buyer you would be ill advised not to carry out Handsworth conveyancing searches.
Finally the sale completed on my house in Handsworth last April but the buyer keeps calling me complaining that her solicitor is waiting to hear from mine. What should have happened now that I have sold?
Following your disposal your solicitor is committed to send the transfer deeds and all additional paperwork to the purchaser's solicitors. Where relevant, your conveyancer must also send confirmation that the home loan has been discharged to the purchasers solicitors. There are no post completion formalities unique to conveyancing in Handsworth.
My aunt passed away last year and as sole heir and executor I was left the property in Handsworth. The house had a small mortgage remaining of approximately £4500. I want to have the title changed into my name whilst I re-mortgage to Co-operative, pay off the mortgage. Is this allowed?
Where you plan to refinance then Co-operative will require that you use a conveyancer on the Co-operative 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 Co-operative 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 Co-operative mortgage is registered as a charge at the Land Registry.
Due to the advice of my in-laws I had a survey completed on a house in Handsworth prior to appointing conveyancers. I have been advised that there is a flying freehold overhang to the property. My surveyor advised that some banks will refuse to issue a mortgage on such a property.
It depends who your proposed lender is. Santander has different instructions from Nationwide. If you contact us we can look into this further via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Handsworth. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Handsworth to see if the conveyancing will be more expensive.
Am I better off to choose a Handsworth conveyancing practitioner in close proximity to the house I am buying? I have an old university friend who can perform the conveyancing but his firm is located approximately 350kilometers drive away.
The primary upside of using a high street Handsworth conveyancing firm is that you can pop in to sign paperwork, present your ID and apply pressure on them if necessary. Having local Handsworth know how is a bonus. However nothing is more important than finding someone that will do a good and efficient job. If if people you trust instructed your friend and in the main were happy that should surpass using an unknown Handsworth conveyancing solicitor solely due to them being based in the area.
I have noted on a number of online forums that before choosing a conveyancing lawyer they need approved by your lender. This is my first house move but I have an AIP via Santander and I already have a local conveyancing solicitor in Handsworth on standby. Can Virgin Money insist on an approved conveyancer to be used? If so, where can I find that list so I can appoint a conveyancing lawyer in Handsworth?
You need to use a solicitor that is on the Virgin Money panel. Simply ring your chosen Handsworth conveyancing lawyer to check if they are on the Virgin Money panel. If they are not approved you have a couple of alternatives open to you here:
- Carry on with your chosen Handsworth property lawyer but Virgin Money will no doubt use a property lawyer from their approved list. This will result in additional cost and likely frustration.
- Appoint a fresh conveyancing practitioner to conduct the conveyancing, obviously checking they are on the Virgin Money conveyancing panel.
- Appeal to your property lawyer to attempt to join the lender panel.