We're in Hereford, First time buyers buying with a mortgage (lender is RBS , and our solicitor is on the RBS conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the RBS conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I am the single beneficiary of my late grandmother’s will with all property in now in my sole name, including the my former home in Hereford. Conveyancing formalities meant that the Land Registry date was in October. I plan to dispose of the property. I do know about the Mortgage Lenders 6 month 'rule', which means that my proprietorship could be considered the same way as if I'd bought the house in October. Will no one buy the property for half a year?
The CML handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. many mortgage companies would take a pragmatic view as this clause primarily exists to pick up on subsales or the quick reselling of properties.
When it comes to mortgage companies such as TSB, do Hereford lawyers have to pay an annual charge to be on the conveyancing panel?
We are unaware of any lender fees to be on their panel, although some do levy an administration charge to deal with the processing of the conveyancing panel application.
I am due to exchange contracts on my apartment. I had a double glazing fitted in June 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Coventry BS are being pedantic. The Hereford solicitor who is on the Coventry BS conveyancing panel is recommending indemnity insurance as a solution but Coventry BS are requiring a building regulation certificate. Why do Coventry BS have a conveyancing panel if they don't accept advice from them?
It is probably the case that Coventry BS have referred the matter to their valuer. The reason why Coventry BS 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.
Will my lawyer be raising questions concerning flooding during the conveyancing in Hereford.
The risk of flooding is if increasing concern for solicitors dealing with homes in Hereford. There are those who buy a property in Hereford, fully aware that at some time, it may be flooded. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Lawyers are not qualified to offer advice on flood risk, but there are a numerous checks that may be carried out by the buyer or on a buyer’s behalf which can give them a better appreciation of the risks in Hereford. The conventional set of property information forms supplied to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) includes a standard question of the owner to discover if the property has historically flooded. In the event that flooding has previously occurred and is not disclosed by the seller, then a buyer may commence a legal claim for losses as a result of such an inaccurate response. The purchaser’s conveyancers should also carry out an environmental search. This should disclose if there is any known flood risk. If so, additional investigations will need to be initiated.
Me and my brother own a renovated Edwardian house in Hereford. Conveyancing lawyer acted for me and The Mortgage Works. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: the first freehold, the second leasehold under the exact same address. If a house is not a freehold shouldn't I have been informed?
You should read 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Hereford and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the situation with your conveyancing lawyer who carried out the work.
I've recently found out that there is a flying freehold issue on a property I have offered on two weeks back in what was supposed to be a quick, chain free conveyancing. Hereford is where the house is located. Is there any advice you can impart?
Flying freeholds in Hereford are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Hereford you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Hereford may decide 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.
Are there any apps to help search for a Hereford solicitor on the Birmingham Midshires conveyancing panel? I drive a motor bike and am happy to travel upto 10miles to meet the conveyancer.
Feel free to make use of the search on this page. Please select a bank and your location and you will see a number of Hereford conveyancing lawyers located nearest you. We have listed some Hereford conveyancing firms towards the end of this page and you can contact them to verify whether they are on the Birmingham Midshires member panel