We are intending to acquire a 2 bedroom flat in Herne Hill with a mortgage. We like our Herne Hill lawyer, however the mortgage company advise she’s not on their "panel". We have to appoint one of the lender panel conveyancing practices or keep our Herne Hill solicitor and pay for one of their panel ones to represent them. We regard this is unjust; is there anything we can do?
No, not really. Your mortgage offer 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 Herne Hill conveyancing solicitor to apply to be on the conveyancing panel.
As I am unsure how the conveyancing process works what is the most important piece of guidance you can impart regarding purchase conveyancing in Herne Hill?
Not many law firms or advisers will tell you this but conveyancing in Herne Hill and elsewhere in England and Wales is often a confrontational experience. Put another way, when it comes to conveyancing there is an abundance of opportunity for confrontation between you and others involved in the transaction. For example, the vendor, estate agent and sometimes a bank. Appointing a law firm for your conveyancing in Herne Hill an important selection as your conveyancer is your adviser, and is the ONLY person in the legal process whose interest is to act in your best interests and to keep you safe.
There is a definite increase in the "blame" culture- someone has to be at fault for the process taking so long. We recommend that you your first instinct should be to trust your conveyancer above the other parties in the home moving process.
I had intended to instruct a property lawyer in Herne Hill for our house purchase. Our broker has since notified us that our bank The Royal Bank of Scotland won't deal with them. Surely this is unduly restrictive?
A mortgage company may insist on a panel solicitor act for it. Borrowers are expected to meet the cost of this. Try using our search facility to choose a solicitor to conduct conveyancing in Herne Hill on the The Royal Bank of Scotland approved list of solicitors.
I got the keys to my apartment on 13 April and the transaction details are still not registered. Need I be worried? My conveyancing solicitor in Herne Hill said it would be formalised inside ten days. Are properties in Herne Hill uniquely lengthy to register?
There is nothing unique about conveyancing in Herne Hill registration formalities. As opposed to being determined by geographic area, timescales can vary depending on who lodges the application, whether there are errors and if the Land registry must send notices to any 3rd parties. Currently roughly three quarters of submission are completed in less than three weeks but occasionally there can be protracted hold-ups. Historically registration occurs after the new owner has moved in to the premises so 'speed' is not always top priority yet where it is urgent that the the registration takes place urgently then you or your solicitor must communicate with the Registry to express the reasoning for an expedited registration.
I decided to have a survey carried out on a property in Herne Hill prior to appointing lawyers. I have been informed that there is a flying freehold aspect to the property. My surveyor advised that some lenders will not issue a loan on this type of property.
It varies from the lender to lender. Santander has different requirements for example to Birmingham Midshires. If you e-mail us we can investigate further with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Herne Hill. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Herne Hill to see if the conveyancing costs will increase in light of this.
We are in the process of acquiring a property in Herne Hill. Can our property lawyer have our purchase price a secret from the likes of Nestoria. Is this possible and how?
The Land Registry are legally obliged to specify price sold data on a register of the title for domestic properties nationwide which includes premises in Herne Hill. The register of ownership is a public document, so HM Land Registry would be breaking the law if they did not permit access to the register.
In essence you can make a request of HM Land Registry to withhold the price paid entry however the response will be in the negative.