Me and my fiance are buying a 3 bedroom flat in Hazlemere with a mortgage. We like our Hazlemere conveyancer, however the mortgage company advise she’s not on their "panel". It seems we have no choice but to instruct one of the bank panel solicitors or continue with our Hazlemere lawyer and pay for one of their panel ones to represent them. We regard this is unjust; can we not insist that the mortgage company use our Hazlemere conveyancer ?
Unfortunately,no. Your mortgage offer 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. Another option that might be available is for your Hazlemere conveyancing solicitor to apply to be on the conveyancing panel.
It is a dozen years since I purchased my property in Hazlemere. Conveyancing lawyers have recently been retained on the sale but I am unable to track down the title documents. Will this cause complications?
You need not be too concerned. Firstly there is a possibility that the deeds will be kept by the mortgage company or they may be in the possession of the solicitor who handled your purchase. Secondly the likelihood is that the property will be registered at the land registry and you will be able to establish that you own the property by your conveyancing lawyers procuring current official copies of the land registers. Nearly all conveyancing in Hazlemere relates to registered property but in the unlikely event that your home is unregistered it adds to the complexity but is resolvable.
Is it correct that all Hazlemere CQS (Conveyancing Quality Scheme) solicitors are on the Skipton conveyancing list of approved firms?
A selection of lenders now utilise CQS as the starting point for Panel approval such as HSBC and Santander. CQS accreditation however gives no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to remain on their approved list of conveyancing solicitors.
When it comes to lenders such as Nationwide, do Hazlemere solicitors face a fee to be on the conveyancing panel?
We are not aware of any bank fees to register on their panel, although some do charge an administration charge to deal with the processing of the conveyancing panel submission.
I have today made my last payment due on my mortgage with Bank of Ireland. I assume I don't need a Hazlemere conveyancer on the Bank of Ireland panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Bank of Ireland mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Bank of Ireland mortgage from the register. Bank of Ireland, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Bank of Ireland has sent the Land Registry the discharge electronically, and
- Bank of Ireland has instructed the Land Registry to do so
Due to the encouragement of my in-laws I had a survey completed on a house in Hazlemere before retaining lawyers. I have been informed that there is a flying freehold aspect to the property. Our surveyor has said that some banks tend not grant a loan on this type of premises.
It varies from the lender to lender. HSBC has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Hazlemere. Conveyancing may be slightly more expensive based on your lender's requirements.
I am employed by a busy estate agency in Hazlemere where we have witnessed a few leasehold sales put at risk as a result of short leases. I have received conflicting advice from local Hazlemere conveyancing solicitors. Please can you clarify whether the owner of a flat can commence the lease extension process for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Leasehold Conveyancing in Hazlemere - Sample of Questions you should ask Prior to Purchasing
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You will want to discover as much as possible about the company managing the building as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to practical issues such as the tidiness of the common parts. Enquire of other people what they think of their service. In conclusion, find out the dates that you are obliged pay the service charge to the managing agents and precisely what you get for your money. Does the lease include onerous restrictions? Make sure you discover if there are any onerous prohibitions in the lease. For instance plenty of leases prohibit pets being allowed in in a block in Hazlemere. If you like the flatin Hazlemere but your cat can’t move with you then you will be faced hard compromise.
Much to my surprise my solicitor in Hazlemere has informed me that he requires proof of ID documents saying that this is part of his requirements as a solicitor on the mortgage company Solicitor panel. This is news to me - can I refuse?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offence if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage, your lawyer also has to check ID documents to satisfy the lender. This is not specific to conveyancing in Hazlemere