We are purchasing a 2 bedroom apartment in Little Haven with a mortgage. We wish to retain our Little Haven lawyer, but the mortgage company advise he's not on their "panel". It seems we have no choice but to appoint one of the mortgage company panel firms or retain our Little Haven conveyancing practitioner and pay for one of their panel lawyers to represent them. This feels very unfair; can we not insist that the mortgage company use our Little Haven property lawyer ?
Unfortunately,no. The mortgage offered to you 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. A further alternative is for your Little Haven conveyancing solicitor to apply to be on the conveyancing panel.
We are approaching an exchange on a house in Little Haven and my parents have transferred the 10% deposit to my solicitor. I am now told that as the deposit has not arrived from me my conveyancer needs to disclose this to my lender. I am advised that, in also acting for the bank he must inform them that the balance of the purchase price is not just from me. I disclosed to the bank regarding my parents' contribution when I applied for the home loan, so is it really appropriate for this now to hold matters up?
The lawyer is legally required to check with mortgage company to make sure that they understand that the balance of the purchase price is not from your own resources. The solicitor can only disclose this to your lender if you permit them to, failing which, your lawyer must cease to continue acting.
We are getting a further advance on our home loan from Principality as we wish to carry out alterations to our property in Little Haven. Are we obliged to select a high street Little Haven solicitor on the Principality conveyancing panel to handle the legals?
Principality don't usually appoint a member of their conveyancing panel to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Principality panel.
I am expecting a OIP from Skipton this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Skipton recommend any Little Haven solicitors on the Skipton conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Little Haven solicitors independently although you'll need to choose one on the Skipton conveyancing panel. The solicitor represents both you and Skipton through the process.
I am due to exchange contracts on my flat. I had a double glazing fitted in June 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Clydesdale are being a right pain. The Little Haven solicitor who is on the Clydesdale conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Clydesdale are requiring a building regulation certificate. Why do Clydesdale have a conveyancing panel if they don't accept advice from them?
It is probably the case that Clydesdale have referred the matter to their valuer. The reason why Clydesdale 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 our home are lost. The conveyancers who did the conveyancing in Little Haven 4 years ago have long since closed. What are my next steps?
As long as you have a registered title the information relating to your proprietorship will be documented by the Land Registry with a Title Number. It is easy to perform a search at the Land Registry, find your property and get current copies of the Registered Entries for less than a fiver. Where the title is Leasehold then the Land Registry will also normally hold a certified copy of the Registered Lease and again, a copy can be obtained for a small fee.
I am buying a new build flat in Little Haven. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here is a sample of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Little Haven
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Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Please confirm the Lease plans are architect prepared. There must be mutual enforceability of lessee’s covenants. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.
My lawyer in Little Haven has requested from me ID documents stating that this forms part of his obligations as a solicitor on the bank Conveyancing panel. This is news to me - can I refuse?
Anti-terror and anti-money-laundering rules require Little Haven conveyancing solicitors and licensed conveyancers to verify the identity of the person or body they are dealing with before they can accept their conveyancing business. The Client Care letter that you need to sign will no doubt confirm this. Your lawyer is right that the bank also require certain documents to be viewed. If a you refuse to provide ID verification documents, your conveyancer would not be able to accept instructions from you. Your lawyer also has obligations to obtain certain documents in accordance with the mortgage company's UK Finance Lenders’ Handbook requirements