Our conveyancer has uncovered a a legal deficiency with the lease for the property we are purchasing in Leek. The seller’s lawyers have offered defective title insurance as a workaround. We are happy with insurance and will pay for it. Our conveyancer says that he must check that the lender is content with this solution. Are we the client or is the bank?
Notwithstanding that you have a mortgage offer from the bank does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the mortgage company are the client. The appropriate lender specifications must be adhered to.
At what point can the exchange of contracts occur in domestic conveyancing in Leek and am I required to be at the conveyancers office?
Where you are in close proximity to our conveyancing solicitors in Leek you are invited in to sign documents. That being said, the firms we work with offer a countrywide conveyancing service and give just as comprehensive and professional a job for you when communicating with you by post or email. The signing of the sale agreement is not when everything is set in stone. A signed contract simply enables the conveyancer to officially exchange when the time is right, which will usually be very shortly after signing. The exchange process is is usually a five minute process, although where an extended "chain" is involved, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Leek)to be in the office at the appropriate time.
We had appointed conveyancers locally in Leek on the Nationwide solicitor approved list. They are now charging me a separate amount for dealing with the Nationwide mortgage. Is this a supplemental conveyancing fee specified by Nationwide?
Unfortunately, so long as it is in their Terms and Conditions or estimate then yes your lawyer is entitled to levy a fee for this. The fee is not set by Nationwide but by your Leek conveyancing practitioner. Plenty of firms on the Nationwide panel will charge an ‘acting for lender’ fee but some firms include it on their overall fee.
Can I be sure that the Leek conveyancing solicitor on the Santander panel is any good?
When it comes to conveyancing in Leek obtaining recommendations is a sensible starting point. 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 advise that you speak with the solicitor carrying out your conveyancing.
I am selling my flat. I had a double glazing fitted in November 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, TSB are being a right pain. The Leek solicitor who is on the TSB conveyancing panel is happy to accept ‘lack of building regulation’ insurance but TSB are insisting on a building regulation certificate. Why do TSB have a conveyancing panel if they don't accept advice from them?
It is probably the case that TSB have referred the matter to their valuer. The reason why TSB may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Despite weeks of looking the Title Certificate and documents to my home can not be found. The lawyers who conducted the conveyancing in Leek 4 years ago have long since closed. Will I be able to sell the house?
You no longer need to hold title original deeds to establish that you are the registered proprietor of land or property, given that the Land Registry have everything they need in a digital format.
I've recently found out that there is a flying freehold issue on a house I put an offer in a fortnight ago in what was supposed to be a simple, chain free conveyancing. Leek is the location of the property. Can you offer any assistance?
Flying freeholds in Leek 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 Leek you would need to get your solicitor to go 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 Leek may ascertain 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.
I bought a property in Leek last 27/9/2024 and to date it is still not registered with HM Land Registry. It was part of a new estate and my conveyancing practitioner told me that it can take twelve months to register. I have called HM Land Registry directly and they say that the original application was cancelled due to questions not being addressed in time. Do I need to be concerned?
It is your conveyancing practitioner that you should get in touch with in order to satisfy any issues which have arisen as part of the registration formalities for your Leek property. Normal Leek conveyancing practice includes an undertaking on the part of the vendor’s lawyer that they will help resolve any registration raised by HMLR so it may be a case of taking action to enforce that undertaking in some way.