My wife and I are intending to acquire a 3 bedroom apartment in Heathfield with a mortgage. We like our Heathfield conveyancer, however the mortgage company advise she’s not on their "panel". We have to appoint one of the lender panel firms or keep our Heathfield conveyancer as well as pay for one of their panel firms to represent them. This seems very unfair; is there anything we can do?
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. Another option that might be available is for your Heathfield conveyancing solicitor to apply to be on the conveyancing panel.
I am considering remortgaging my home in Heathfield, does my lawyer have to be on the HSBC Conveyancing panel?
In theory, you could use a solicitor that is not on the HSBC conveyancing panel, but HSBC would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.
Will my solicitor be making enquiries about flooding during the conveyancing in Heathfield.
The risk of flooding is if increasing concern for conveyancers conducting conveyancing in Heathfield. Some people will purchase a house in Heathfield, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the premises. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Lawyers are not best placed to offer advice on flood risk, however there are a number of checks that can be undertaken by the purchaser or by their conveyancers which should figure out the risks in Heathfield. The conventional set of completed inquiry forms supplied to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the vendor to discover if the property has suffered from flooding. In the event that flooding has previously occurred which is not revealed by the vendor, then a buyer may bring a claim for damages as a result of such an incorrect answer. A purchaser’s solicitors may also order an enviro report. This should reveal whether there is any known flood risk. If so, further investigations should be conducted.
I have todaybecome aware that Stirling Law have closed. They carried out my conveyancing in Heathfield for a purchase of a leasehold flat 10 months ago. How can I be sure that my home is in my name in the name of the former proprietor?
The easiest method to see if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Heathfield conveyancing specialists.
I am looking for a flat up to £305k and found one close by in Heathfield I like with open areas and station in the vicinity, the downside is that it only has 61 years on the lease. There is not much else in Heathfield for this price, so just wondered if I would be making a mistake buying a short lease?
If you need a home loan that many years will likely be an issue. Discount the price by the expected lease extension will cost if not already taken into account. If the current owner has owned the property for a minimum of 2 years you can request that they commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the current lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor about this.
Why can't I complete our conveyancing in Heathfield on May bank holiday?
Because on completion the sale price needs to be transferred electronically between the banks of the buyer and seller's property lawyer and currently this can only happen on a business day. So you can't complete on a saturday or sunday either.