My husband and I are buying a 1 bedroom flat in Kendal with a mortgage. We have a Kendal solicitor, but the bank advise he's not on their "panel". We have to appoint one of the lender panel conveyancing practices or retain our Kendal solicitor and pay for one of their panel lawyers to act for them. This seems very unfair; 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 Kendal conveyancing lawyer to apply to be on the conveyancing panel.
It is 10 years ago since I bought my property in Kendal. Conveyancing solicitors have now been appointed on the sale but I can't track down my deeds. Will this cause complications?
Don’t worry too much. Firstly there is a chance that the deeds will be kept by your lender or they may be archived with the lawyers who acted in the purchase. Secondly in all probability the land will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers procuring up to date copy of the land registers. Most conveyancing in Kendal involves registered property but in the unlikely event that your home is unregistered it is more of a problem but is resolvable.
How can we tell if a Kendal conveyancing solicitor on the Santander panel is any good?
When it comes to conveyancing in Kendal seeking recommendations is a good start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one which is cheap as chips. We would always suggest that you speak with the lawyer handling your conveyancing.
We have agreed to purchase a house in Kendal. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Leeds Building Society be concerned?
As you are obtaining a mortgage with Leeds Building Society your lawyer must check the formal instructions contained in Part 2 of UK Finance Lenders’ Handbook for Leeds Building Society. The CML Handbook stipulates minimum requirements for solar panel roof-space leases, and conveyancers are required to report to Leeds Building Society where a lease fails to comply with these provisions. The specifications relate to the installation of panels on properties nationwide and is not restricted to Kendal.
I can not work out if my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Kendal bank branch on numerous occasions and was told it does not impact the mortgage offer and they will lend. My Kendal conveyancing solicitor - who is on the lender conveyancing panel- called to say that they refuse to lend in accordance with their published requirements. Who do I believe?
Provided that the lawyer is on the mortgage company approved list, they must comply with the Council of Mortgage Lenders’ Handbook provisions for the lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in two weeks back in what should have been a simple, no chain conveyancing. Kendal is where the house is located. What do you suggest?
Flying freeholds in Kendal are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Kendal you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Kendal may decide 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 residence.
In my capacity as executor for the estate of my grandmother I am disposing of a residence in Newport but I am based in Kendal. My conveyancer (approximately 300 miles awayhas requested that I execute a statutory declaration ahead of the transaction finalising. Could you suggest a conveyancing practitioner in Kendal who can witness this legal document for me?
strictly speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or solicitor will suffice regardless of whether they are based in Kendal
Can you provide any top tips for leasehold conveyancing in Kendal from the point of view of expediting the sale process?
- Much of the delay in leasehold conveyancing in Kendal can be reduced if you get in touch lawyers the minute your agents start advertising the property and request that they start to collate the leasehold information which will be required by the buyers’ lawyers. Some Kendal leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors. If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share certificate. Obtaining a replacement share certificate is often a time consuming formality and slows down many a Kendal home move. Where a reissued share is needed, do contact the company director and secretary or managing agents (where relevant) for this sooner rather than later. Many landlords or Management Companies in Kendal charge for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Kendal.
Kendal Leasehold Conveyancing - Sample of Queries Prior to buying
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Are any of leasehold owners in dispute over their service charge payments? Best to be warned if fixing the lift or some other significant cost is pending that will be shared by the leasehold owners and will materially impact the level of the maintenance fees or necessitate a specific payment. Does the lease have onerous restrictions?