My partner and I are hoping to acquire a property in Malvern and have appointed a Malvern conveyancing firm. Within the past 48 hours our lawyer has sent a preliminary report and documents to look through with the expectation that exchange is imminent. Leeds Building Society have this evening contacted us to inform me that they have now hit a problem as our Malvern lawyer is not on their approved list of lawyers. Is this a problem?
When purchasing a property with mortgage finance it is standard for the purchasers' solicitors to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the bank's conveyancing panel and you may continue to use your own Malvern solicitors, in which case your legal fees may increase, and it may delay matters as you have another set of people involved.
Some advice if I may. My Malvern solicitor is advising me that she is duty bound toconduct Malvern conveyancing searches asthe firm are on the Virgin Moneysolicitor panel. These Malvern searches cost a lot of money can this be avoided?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a mortgage company your conveyancer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook requirements . Even if you were a cash buyer you would be ill advised not to carry out Malvern conveyancing searches.
I am buying a property in Malvern. One unusual aspect is that the roof has a solar panel. RBS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that you are obtaining a mortgage with RBS your lawyer must follow the conveyancing instructions outlined in Section 2 of UK Finance Lenders’ Handbook for RBS. The CML Handbook sets out minimum specifications for solar panel roof-space leases, and lawyers are required to report to RBS 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 Malvern.
I have decided to exercise my right to buy my property in Malvern off the council. I have a mortgage offer with Aldermore. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Aldermore, you will need to appoint a solicitor on the Aldermore conveyancing panel.
It is not clear whether my mortgage offer requires a lease extension. I have called my Malvern bank branch on a couple of occasions and was advised it wasn't a problem and they will lend. My Malvern conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned and was told they would not lend in accordance with their specific requirements. Who do I believe?
As long as the solicitor is on the mortgage company panel, she or he must adhere to the Council of Mortgage Lenders’ Handbook conditions 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 remaining.
I used Wolstenholmes several years ago for my conveyancing in Malvern. I now require my papers but cannot find the solicitor. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Malvern of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
How do I identify a Malvern solicitor on the Leeds Building Society conveyancing panel? I have wheels and am willing to travel upto 25miles to meet the conveyancer.
You can use the facility on this website. Please pick a bank and your location and you will see a number of Malvern conveyancing lawyers locally. We have detailed some Malvern conveyancing firms at the bottom of this page and you can ring them to see if they are on the Leeds Building Society member panel
I need to appoint a conveyancing solicitor for leasehold conveyancing in Malvern. I have chance upon a site which seems to have the ideal solution If it is possible to get all this stuff completed via phone that would be preferable. Should I be concerned? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?