My husband and I are planning to buy a property in Headingley and are in fact using a Headingley conveyancing practice. Within the last couple of days our lawyer has sent a preliminary report and documents to look through with the expectation that exchange is imminent. TSB have this evening contacted us to inform me that they have now hit a problem as our Headingley lawyer is not on their conveyancing panel. What do we do from here?
If you are buying a property needing a mortgage it is normal for the purchasers' solicitors to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the bank's conveyancing panel as you are at liberty to use your preferred Headingley lawyers, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.
Completion of my remortgage has taken place for my property in Headingley. Conveyancing was of an acceptable standard but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
Most lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Team at head office. In most cases complaints to a lender are resolved very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
I am due to exchange contracts on my flat. I had a double glazing fitted in April 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Aldermore are being difficult. The Headingley solicitor who is on the Aldermore conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Aldermore are requiring a building regulation certificate. Why do Aldermore have a conveyancing panel if they don't accept advice from them?
It is probably the case that Aldermore have referred the matter to their valuer. The reason why Aldermore may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I was told three weeks ago that my mortgage has been agreed to by Virgin Money. Is it usual for Virgin Money to only issue the offer once my solicitor in Headingley is approved on their conveyancing panel? Virgin Money have asked my solicitor to see a copy of their PI Insurance.
Mortgage companies tend not to not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Virgin Money to deal with your lawyer's application to be on the Virgin Money conveyancing panel. There's no guarantee that your solicitor will be accepted.
Should our conveyancer be asking questions regarding flooding during the conveyancing in Headingley.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Headingley. There are those who purchase a house in Headingley, completely expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not qualified to give advice on flood risk, but there are a numerous checks that may be initiated by the buyer or on a buyer’s behalf which should figure out the risks in Headingley. The standard property information forms sent to a buyer’s lawyer (where the Conveyancing Protocol is adopted) includes a standard inquiry of the vendor to find out whether the property has suffered from flooding. In the event that the residence has been flooded in past which is not disclosed by the seller, then a purchaser could issue a claim for damages as a result of such an misleading reply. A purchaser’s solicitors should also carry out an enviro report. This should disclose if there is any known flood risk. If so, additional investigations will need to be conducted.
Me and my brother own a renovated Edwardian property in Headingley. Conveyancing lawyer acted for me and Clydesdale. I did a free Land Registry search last week and I saw a couple of entries: one for freehold, another for leasehold under the exact same address. Is it worth asking Clydesdale to clarify?
You should assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Headingley and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the situation with the conveyancing practitioner who carried out the work.
I opted to have a survey carried out on a house in Headingley prior to instructing lawyers. I have been told that there is a flying freehold overhang to the property. Our surveyor has said that some mortgage companies may refuse to grant a loan on such a premises.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can investigate further via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Headingley. Conveyancing will be smoother if you use a solicitor in Headingley especially if they are acquainted with such properties in Headingley.
My wife and I have recently appointed a conveyancing solicitor in Headingley. I I would like to check if they are listed on the bank's approved list of lawyers. Could you or the lender confirm if they are on the panel?
It’s a good idea contact the solicitor to enquire if they are on the bank's panel. If that does not help get in touch with us and we can investigate and revert. Should the firm not be on the lender panel we we can help find a reputable conveyancing solicitor in Headingley on the panel for your lender.