Me and my fiance are buying a 2 bedroom flat in Herne Bay with a mortgage. We would like to retain our Herne Bay solicitor, however the mortgage company says she’s not on their "panel". It seems we have little choice but to select one of the lender panel firms or keep our Herne Bay conveyancer as well as pay for one of their panel firms to act for them. This feels very unfair; can we not insist that the lender use our Herne Bay conveyancing practitioner ?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’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 Herne Bay conveyancing lawyer to apply to be on the conveyancing panel.
We are purchasing a detached bungalow in Herne Bay. The intention is to carry out a loft conversion at the property.Will legal conveyancing on the property involve investigations to determine if these alterations are permitted?
Your solicitor should check the deeds as conveyancing in Herne Bay will occasionally reveal restrictions in the title documents which prevent certain changes or require the permission of another owner. Certain additions need local authority planning permissions and approval under the building regulations. Many areas are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. It would be prudent to check these things with a surveyor prior to committing yourself to a purchase.
I happen to be the sole recipient of my late father’s will and I have everything in my name alone, including the house in Herne Bay. Conveyancing formalities meant that the Land Registry date was in March. I plan to dispose of the house. I do know about the Mortgage Lenders 6 month 'rule', which means that my proprietorship may be considered the same way as though I had purchased the house in March. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be caught by that. How practical a view mortgage companies take of it, depend on the mortgage company as this clause is chiefly there to capture subsales or the wholesaling and assigning of properties.
I have paid off my mortgage with RBS. I assume I don't need a Herne Bay lawyer on the RBS panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your RBS 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 RBS mortgage from the register. RBS, 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 RBS has sent the Land Registry the discharge electronically, and
- RBS has instructed the Land Registry to do so
Yesterday I discovered that there is a flying freehold issue on a house I have offered on a fortnight ago in what should have been a straight forward, no chain conveyancing. Herne Bay is the location of the property. Is there any advice you can impart?
Flying freeholds in Herne Bay are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Herne Bay you would need to get your solicitor to go 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 Herne Bay 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 residence.
How do I search for a Herne Bay law firm on the Nationwide Building Society conveyancing panel? I am a keen cyclist and am happy to travel upto 20kilometers to meet the conveyancer.
Feel free to make use of the search on this website. Please pick a bank and your location and you will see a number of Herne Bay conveyancing lawyers located nearest you. We have listed some Herne Bay conveyancing firms at the bottom of this page and you can call them to check whether they are on the Nationwide Building Society approved list
My father has suggested that I use his conveyancing solicitors in Herne Bay. Should I choose my own property lawyer?
There are no two ways about it the best way to find a conveyancing lawyer is to seek referrals from friends or family who have actually experience in using the solicitor that you are are thinking of instructing.
My nephew is embarking on her first house purchase, the home loan was agreed last week in principle. One the seller agreed the offer on the flat we rang the bank to progress the mortgage application. I was very surprised to hear that mortgage lenders do not accept all solicitor, they must be on their panel, is this legal?
Lenders ordinarily restrict either the type or the number of conveyancing firms on their panel. A common example of such restriction(s) being that a firm must have two or more partners. In addition to restricting the type of firm, some have decided to limit the number of firms they use to represent them. You should note that lenders have no responsibility for the quality of advice provided by any Herne Bay solicitor on their panel. Mortgage fraud was a key driver in the rationalisation of conveyancing panels a few years ago and whilst there are differing views about the extent of solicitor involvement in some of that fraud. Statistics from the Land Registry reveal that thousands of law firms only carry out one or two conveyances a year. Those supporting conveyancing panel cuts ask why law firms should have the right to be on a Lender panel when clearly, conveyancing is not their speciality. To put it another way; would you want a conveyancing solicitor to represent you if you were charged with a crime? Unlikely.