Is the fact that my conveyancer in Holmfirth is not identified on my bank's solicitor panel that there is a problem with the standard of his conveyancing?
That is more than likely an incorrect assumption to make. There are plenty of reasonable explanations. Just recently a report by the solicitors regulator indicated that over three quarters 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 lawyer 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 Holmfirth conveyancing firm and ask them why they are no longer on the approved list for your bank.
My fiance and I are refinancing our apartment in Holmfirth with Bank of Ireland. We have a son 19 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, waiving any legal rights in the event that the apartment is repossessed. I have a couple of concerns (1) Is this form unique to the Bank of Ireland conveyancing panel as he did not need to sign this form when we purchased 3 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 Bank of Ireland 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 Bank of Ireland. This is solely used to protect Bank of Ireland 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 Bank of Ireland 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.
It is a dozen years since I bought my home in Holmfirth. Conveyancing lawyers have now been appointed on the sale but I am unable to locate my title documents. Is this a major issue?
You need not be too concerned. First there is a chance that the deeds will be retained by the lender or they could be archived with the solicitor who oversaw your purchase. Secondly in most cases the property will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors obtaining current official copies of the land registers. Nearly all conveyancing in Holmfirth involves registered property but in the unlikely event that your property is not registered it adds to the complexity but is resolvable.
I have a decision in principle. The lender mentioned the home loan came with free conveyancing. Does this mean I have to use their panel solicitor as I would prefer to use a Holmfirth based conveyancing firm?
You should check but the chances are that appoint one of their panel solicitors if you want the "fee-free" deal. Contact the lender and see if they allow a cash alternative. It is not unheard for a lender to give a £250 cashback as an alternative in which case that money can go towards your preferred conveyancing solicitor in Holmfirth.
My wife and I have a 4 bedroom Victorian house in Holmfirth. Conveyancing solicitor represented me and Halifax. I did a free Land Registry search last week and there are a couple of entries: the first freehold, another for leasehold under the exact same property. If a house is not a freehold shouldn't I have been informed?
You need to assess 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Holmfirth and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also question the position with the conveyancing lawyer who conducted the work.
I opted to have a survey completed on a house in Holmfirth in advance of retaining solicitors. I have been told that there is a flying freehold element to the house. My surveyor has said that some lenders may not give a mortgage on a flying freehold property.
It varies from the lender to lender. Lloyds has different instructions for example to Birmingham Midshires. If you e-mail us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Holmfirth. Conveyancing may be slightly more expensive based on your lender's requirements.