Me and my partner are purchasing property in Morden Park. My lawyer is not listed on the mortgage company approved list. Am I still permitted to continue with my Morden Park conveyancing solicitor even though they are excluded from the lender list of approved lawyers?
You have numerous alternatives available to you here
- Proceed with your chosen Morden Park solicitor but your lender will need to retain a property lawyer on their conveyancing panel. The net result is additional cost together with potential delay.
- Appoint a new conveyancer to conduct the conveyancing, obviously checking they are on the mortgage company conveyancing panel.
- Convince your lawyer to pull out all the stops to get listed on the bank’s panel of solicitors
My fiance and I are purchasing a purpose built flat in Morden Park with a homeloan from HSBC Bank.We like our Morden Park conveyancing solicitor but HSBC Bank advised that her practice is not listed on their "panel". we are left little option but to use a HSBC Bank panel solicitor or retain our high street solicitor and pay for one of their panel ones to represent them. This seems very unfair; Can we not simply insist that HSBC Bank use our lawyer?
No, not really. The home loan offered to you contains various provisions, one of which will be that solicitors needs to be on the HSBC Bank approved list. Until recently, most lenders had large numbers of law firms on their panels: a borrower could find 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 lawyer to apply to be on the conveyancing panel for HSBC Bank
I am helping my sister sell her flat in Morden Park. Does the conveyancing solicitor arrange an energy assessment or it is for the seller to coordinate?
After the abolition of Home Packs, EPC’s remained a required component of moving property. An energy assessment needs to be to hand in advance of the property being placed on the market. This is not as aspect of the sale process that law firms ordinarily organise. If you are using a Morden Park conveyancing practitioner they might be able to arrange energy assessments due to their contacts with reputable Morden Park assessors
is it true that all Morden Park solicitor practices on the UBS conveyancing panel are overseen by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the UBS approved list of solicitors they would need to be governed by the Solicitors Regulatory Authority. Many lenders do list licenced conveyancers on their panel in which case such organisation would be governed by the Council of Licensed Conveyancers.
I have paid off my mortgage with TSB. I assume I don't need a Morden Park solicitor on the TSB panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your TSB mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the TSB mortgage from the register. TSB, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where TSB has sent the Land Registry the discharge electronically, and
- TSB has instructed the Land Registry to do so
Me and my brother purchased a 4 bedroom Georgian house in Morden Park. Conveyancing lawyer represented me and HSBC Bank. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, another for leasehold under the matching address. Is it worth asking HSBC Bank to clarify?
You need to assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Morden Park and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with lenders. You can also question the position with the conveyancing practitioner who conducted the purchase.
I'm buying a new build house in Morden Park with the aid of help to buy. The developers refused to move on the amount so I negotiated £7000 of additionals instead. The house builders rep suggested that I not inform my conveyancer about this side-deal as it would affect my mortgage with the lender. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
In what way can the Landlord & Tenant Act 1954 impact my business property in Morden Park and how can your lawyers assist?
The particular law that you refer to affords security of tenure to business leaseholders, granting the right to apply to court for a new lease and continue in occupation at the end of the lease term. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing firms who use the act to your advantage and handle your commercial conveyancing in Morden Park