We are intending to acquire a 2 bedroom flat in Ilfracombe with a mortgage. We wish to retain our Ilfracombe 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 Ilfracombe property lawyer as well as pay for one of their panel firms to represent them. We feel that this is inequitable; is there anything we can do?
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 Ilfracombe conveyancing lawyer to apply to be on the conveyancing panel.
My brother-in-law has suggested I instruct a conveyancing solicitor in Ilfracombe. I I would like to check if they are accepted on the Leeds Building Society conveyancing panel. Could you advise?
You should contact your conveyancer and ask them if they are on the lender panel. Otherwise you can get in touch with Leeds Building Society who may be able to confirm.
I am the only beneficiary of my late mum's will with all property in now in my sole name, including the house in Ilfracombe. Conveyancing formalities meant that the Land Registry date was in August. I now wish to sell up. I understand that there is a Mortgage Lenders six month 'rule', which means that my proprietorship could be treated the same way as if I'd bought the house in August. Is the property unsalable for six months?
The CML handbook obliges 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 may be caught by that. How sensible a view mortgage companies take of it, depend on the mortgage company as this provision chiefly exists to capture subsales or the flipping of property.
I have paid off my mortgage with Lloyds. I assume I don't need a Ilfracombe property lawyer on the Lloyds panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Lloyds 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 Lloyds mortgage from the register. Lloyds, 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 Lloyds has sent the Land Registry the discharge electronically, and
- Lloyds has instructed the Land Registry to do so
After months of negotiation I have agreed a price on an apartment in Ilfracombe. My financial adviser suggested a conveyancer. I paid an upfront payment of £200. Soon after, the conveyancing practitioner contacted me to say that they were not on the UBS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the UBS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I've recently found out that there is a flying freehold element on a property I put an offer in a fortnight ago in what was supposed to be a quick, chain free conveyancing. Ilfracombe is where the house is located. What do you suggest?
Flying freeholds in Ilfracombe 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 Ilfracombe you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Ilfracombe 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 property.
Is it best to instruct a Ilfracombe conveyancing lawyer who is local to the property I am purchasing? I have an old university friend who can deal with the conveyancing however her office is a couple of hundredkilometers drive away.
The primary upside of using a local Ilfracombe conveyancing firm is that you can drop in to sign documents, hand in your identification documents and pester them if necessary. They will also have local insight which is a plus. However nothing is more important than finding someone that will do a good and efficient job. If other friends have used your friend and they were happy that should surpass using an unknown Ilfracombe conveyancing lawyer solely due to them being round the corner.
My sister completed her conveyancing in Ilfracombe 9 years past. She has got married, divorced and is now remarried. She wishes to sell the property next moths. I think she will just be requested to supply copies of the marriage certificates to the conveyancing practitioner but she is concerned it will frustrate the house move. Should she instruct a lawyer to update the Land Registry documents for the house?
The is no need to update the register as long as you have the evidence required to show how the name change resulted.
The purchaser’s solicitor will check the title information and need evidence by way of proof of the change of name for example marriage certificates.