Me and my fiance are buying a 1 bedroom apartment in Herne Bay with a mortgage. We would like to retain our Herne Bay solicitor, but the mortgage company says he's not on their "panel". We have to appoint one of the lender panel firms or keep our Herne Bay lawyer as well as pay for one of their panel lawyers to act for them. This feels very unfair; are we not able to insist that the lender use our Herne Bay solicitor ?
Unfortunately,no. The mortgage offered to you 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. A further alternative is for your Herne Bay conveyancing solicitor to apply to be on the conveyancing panel.
I happen to be the sole recipient of my late father’s will with all property in now in my sole name, including the my former home in Herne Bay. The Herne Bay property was put into my name in October. I plan to dispose of the property. I do know about the Mortgage Lenders six month 'rule', meaning my property ownership may be regarded the same way as if I'd bought the property in October. Do I have to wait half a year to sell?
The Council of Mortgage Lenders’ handbook obliges conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be impacted by that. Most mortgage companies would take a practical view as this provision chiefly exists to capture the purchase and immediately sell or the wholesaling and assigning of property.
Completion of my purchase has taken place for my property in Herne Bay. Conveyancing was a necessary evil 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 Services Department at head office. In most cases complaints to a lender are sorted out effectively and efficiently. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
Our sealed bid on a property in Herne Bay has been accepted, but there is a chain. The vendors have offered on a flat, but it’s not yet tied up, and have viewings of other apartments booked. I have chosen a bricks and mortar conveyancing solicitor in Herne Bay. What should be my next step? When should I get the mortgage application with Nationwide going?
It is normal to have concerns where there is a chain as you are unlikely to want to be too out of pocket too early (mortgage application is approx £1k, then valuation, Herne Bay conveyancing search costs, etc). First, you should check that your solicitor is on the Nationwide approved list. Concerning the subsequent phase this very much dictated by the circumstances of your case, motivation for the property and on the state of the market. During a hot market many purchasers would apply for a home loan with Nationwide and pay for the valuation and only if it was satisfactory would they pay their property lawyer to proceed with the conveyancing in Herne Bay.
Despite weeks of looking the Title Certificate and documents to my house can not be found. The solicitors who conducted the conveyancing in Herne Bay 4 years ago no longer exist. What are my options?
As long as the title is registered the details of your ownership will be recorded by HMLR with a Title Number. It is possible to perform a search at the Land Registry, find your house and order up to date copies of the property title for a small fee. Where the title is Leasehold then the Land Registry will also normally retain a certified copy of the Registered Lease and again, a copy can be retrieved for a small fee.
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in a fortnight ago in what was supposed to be a quick, chain free conveyancing. Herne Bay is where the house is located. Is there any guidance you can impart?
Flying freeholds in Herne Bay are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Herne Bay you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Herne Bay 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.
In sourcing the world wide web for the phrase conveyancing in Herne Bay it reveals many solicitorslocally. With so much choice what is the best way to find the suitable solicitor for me?
The best way of choosing a suitable conveyancer is via trusted referral, so enquire of colleagues and relatives who have bought a property in Herne Bay or the local estate agent or financial adviser. Costs for conveyancing in Herne Bay vary, so it's advisable to obtain at least four fee calculations from different conveyancers. Dont forget to clarify that the charges are guaranteed not to to be inflated.
Is there a distinction between surveying and conveyancing in Herne Bay?
Conveyancing - in Herne Bay or anywhere in England and Wales - is the legal term given to transferring legal title of property from one person to another. It involves the checking of the title. Whether buying or selling, you should be aware of anything affecting the property such as proposals by government departments, illegal buildings, or outstanding rates. The conveyancer should conduct the appropriate searches and inquiries on the property. Surveying relates to the structure of a property itself. A surveyor will look at a house, flat and any outbuildings you are intending to buy and will help you find out about the condition of the building and, if there are problems, give you leverage for reducing the price down or asking the seller to remedy the problems before you move in.