Me and my fiance are purchasing a 1 bedroom flat in Ilkeston with a mortgage. We like our Ilkeston solicitor, but the bank says he's not on their "panel". We have to appoint one of the mortgage company panel solicitors or keep our Ilkeston lawyer and pay for one of their panel firms to represent them. We regard this is unjust; 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 Ilkeston conveyancing solicitor to apply to be on the conveyancing panel.
I am remortgaging my home in Ilkeston, does my lawyer have to be on the Barclays Conveyancing panel?
There is nothing to stop you using your solicitor, but Barclays will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.
Is there a list of Barclays panel conveyancers in Ilkeston on the UK Finance Lenders’ Handbook Website?
No. There is no such tool on the CML or Building Society Association websites. Very few mortgage companies make their panel listings visible over the internet. If you are seeking to appoint a Ilkeston conveyancer on the Barclays please use our tool.
I am buying a property in Ilkeston. An unusual aspect is that the roof has a solar panel. Santander have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As you are obtaining a mortgage with Santander your lawyer must follow the conveyancing instructions outlined in Section 2 of UK Finance Lenders’ Handbook for Santander. The CML Handbook contains minimum provisions for solar panel roof-space leases, and conveyancing practitioners are required to report to Santander where a lease fails to satisfy these specifications. The requirements relate to the installation of panels on properties countrywide and is not restricted to Ilkeston.
I can not work out if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Ilkeston building society branch on numerous occasions and was told they are content with the situation and they will lend. My Ilkeston conveyancing solicitor - who is on the lender conveyancing panel- called and was told they will not lend based on their specific requirements. Who do I believe?
Provided that the property lawyer is on the lender approved list, they must comply with the Council of Mortgage Lenders’ Handbook specifications for the lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I opted to have a survey completed on a property in Ilkeston ahead of appointing solicitors. I have been informed that there is a flying freehold overhang to the house. My surveyor has said that some banks will not give a loan on a flying freehold property.
It depends who your proposed lender is. Bank of Scotland has different instructions from Nationwide. Should you wish to call us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Ilkeston. Conveyancing will be smoother if you use a solicitor in Ilkeston especially if they are accustomed to such properties in Ilkeston.
In my capacity as executor for the estate of my aunt I am disposing of a house in Neath but I am based in Ilkeston. My lawyer (approximately 250 kilometers awayrequires that I sign a statutory declaration prior to completion. Could you suggest a conveyancing lawyer in Ilkeston to witness and place their company stamp on the document?
strictly speaking you should not be required to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or solicitor will be fine regardless of whether they are located in Ilkeston
Why can't I complete my conveyancing in Ilkeston on a public holiday?
Because on completion the money needs to be transferred electronically between the banks of the buyer and seller's solicitor and at present this can only happen on a business day. It is not possible to complete on a saturday or sunday either.