Is the fact that my solicitor in Henlow is not listed on my lender's conveyancing panel that there is a problem with the standard of the firm’s work?
That would more than likely be an incorrect assumption to make. There are all sorts of perfectly plausible explanations. Just recently a report by the solicitors regulator revealed 76% 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 solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should contact the Henlow conveyancing practice and ask them why they are no longer on the approved list for your mortgage company.
My fiance and I are refinancing our penthouse in Henlow with Nationwide. We have a son approaching twenty who lives at home. Our solicitor requested us to identify any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the apartment is forfeited by the lender. I have a couple of concerns (1) Is this form unique to the Nationwide conveyancing panel as he did not need to sign this form when we purchased 5 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
First, rest assured that your Nationwide conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Nationwide. This is solely used to protect Nationwide if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Nationwide had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
I am expecting a OIP from Yorkshire BS this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Yorkshire BS recommend any Henlow solicitors on the Yorkshire BS conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Henlow solicitors independently although you'll need to choose one on the Yorkshire BS conveyancing panel. The solicitor represents both you and Yorkshire BS through the process.
The mortgage over my property is with Nottingham for my property in Henlow. Conveyancing has been completed a year ago. In the event that I decide to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Nottingham?
Nottingham must be informed of your intention before letting out your property as this is likely to be a breach of Nottingham’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Nottingham directly. It should not be necessary to do this via a Nottingham conveyancing panel lawyer.
I recently had an offer agreed on an apartment in Henlow. My financial adviser suggested a solicitor. I paid an upfront payment of £200. A couple of days later, the property lawyer called me embarrassingly acknowledging that they were not on the TSB conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the TSB panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I moved into my house on 1 October and the transaction details is yet to be registered. Should I be concerned? My conveyancing solicitor in Henlow said it would be formalised in a couple of weeks. Are titles in Henlow uniquely lengthy to register?
There is nothing unique when it comes to conveyancing in Henlow registration formalities. As opposed to being determined by geographic area, timeframes can adjust subject to the party submitting the application, whether there are errors and whether the Land registry communicate with any 3rd parties. Currently in the region of three quarters of such applications are fully addressed in less than three weeks but occasionally there can be protracted delays. Registration occurs once the purchaser has moved in to the premises thus post completion formalities is not always top priority yet where there is a degree of urgency associated with the registration then you or your solicitor can contact the land registry and explain the circumstances.
How does conveyancing in Henlow differ for new build properties?
Most buyers of new build property in Henlow come to us having been asked by the builder to exchange contracts and commit to the purchase even before the house is constructed. This is because developers in Henlow tend to acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Henlow or who has acted in the same development.
I've recently found out that there is a flying freehold issue on a property I have offered on last month in what was supposed to be a simple, no chain conveyancing. Henlow is the location of the property. Is there any advice you can give?
Flying freeholds in Henlow are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Henlow you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Henlow may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.