Me and my partner are planning to purchase a 3 bedroom flat in Mobberley with a mortgage. We have a Mobberley lawyer, however the bank advise she’s not on their "panel". We have to appoint one of the lender panel solicitors or keep our Mobberley lawyer and pay for one of their panel firms to act for them. This feels 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 lender’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 Mobberley conveyancing lawyer to apply to be on the conveyancing panel.
My partner and I are close to exchanging contracts on the sale of our property in Mobberley and the buyers lawyers are claiming that there is a possibility that the property was built land that was not decontaminated. Any local lawyer would know this is not the case. For the life of me I don't know why the buyers are using a national conveyancing practice as opposed to a conveyancing solicitor in Mobberley. We have lived in Mobberley for many years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to obtain clarification need.
It sounds as though you may have a conveyancing firm already. Are they able to advise? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
Despite weeks of looking the Title Certificate and documents to our property are lost. The conveyancers who dealt with the conveyancing in Mobberley 4 years ago no longer exist. What are my next steps?
Assuming the title is registered the information relating to your proprietorship will be retained by HMLR with a Title Number. It is easy to carry out a search at the Land Registry, find your property and obtain current copies of the Registered Entries for a small fee. If the title is Leasehold then the Land Registry will also normally retain a file copy of the Registered Lease and again, a copy can be obtained for a small fee.
The estate agent has sent us the confirmation of our purchase of a new build flat in Mobberley. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Mobberley
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Please confirm the Lease plans are architect prepared.
What does commercial conveyancing in Mobberley cover?
Commercial conveyancing in Mobberley covers a wide range of services, provided by regulated solicitors, relating to business premises. For instance, this type of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the assignment of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial mortgages and the termination of leases.
Our solicitor in Mobberley has uncovered a a problem with the lease for the apartment we are purchasing in Mobberley. The other side have offered title insurance as a solution. We are content with insurance and will pay for it. Our lawyer says that as he is on the lender conveyancing panel he must check that the lender is happy with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. A precondition to being on the mortgage company approved panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects will the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.