I plan on purchasing a leasehold flat in Penrith. My Conveyancer is not on the mortgage company conveyancing list. Am I still permitted to appoint my Penrith conveyancing solicitor notwithstanding that they are excluded from the mortgage company list of approved lawyers?
One must appoint a property lawyer to deal with the legal work required when you require a loan to purchase your home. They will carry out all the appropriate investigations on the property, make sure that you will be registered as proprietor and ensure that all the required mortgage paperwork is in place. One can instruct a Penrith property lawyer of your choice. However, if the conveyancing practitioner appointed is not a member of the lender approved list further costs will be incurred as separate legal representation will be need by the bank. Bank panel applications may be submitted, so provided your lawyer has not in the past sought membership they can do so.
Last August we completed a house move in Penrith. We have noticed several issues with the house which we believe were missed in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that should have been ordered for conveyancing in Penrith?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Penrith. Conveyancing searches and due diligence initiated during the buying process are supposed to help avoid problems. As part of the process, the vendor fills in a document known as a Seller’s Property Information Form. answers is inaccurate, you could possibly take legal action against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Penrith.
We are selling our house in Penrith. Will the conveyancer have to be on the TSB conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the TSB conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently at the moment.
There are a variety of conveyancing solicitors in Penrith but how do I know who's good?
It would be unwise to be tempted by the lowest Penrith conveyancing fees. You really do get what you pay for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in ahead of the deal.
I am assisting my mother sell her flat in Penrith. Will the conveyancer arrange an energy assessment or it is for the owner to see to?
After the demise of Home Packs, EPC’s was kept a mandatory component of selling a property. An energy assessment should be to hand in advance of the property being put on the market. This is not as aspect of the sale process that solicitors ordinarily arrange. If you are using a Penrith conveyancing solicitor they might help arrange EPC’s due to their contacts with long established local accredited person
Is it the case that all Penrith solicitors on the Lloyds conveyancing panel are overseen by the SRA?
As a firm of solicitors, in order to be on the Lloyds approved list of solicitors they would need to be overseen by the Solicitors Regulatory Authority. Some mortgage companies do permit licenced conveyancers on their panel and in that case the organisation would be overseen by the Council of Licensed Conveyancers.
Despite weeks of looking the Title Certificate and documents to my property are lost. The lawyers who conducted the conveyancing in Penrith 10 years ago no longer exist. What are my next steps?
You no longer need to have the physical original deeds to evidence that you own the land or premises, as the Land Registry have everything they need in a digital format.
I decided to have a survey carried out on a property in Penrith ahead of retaining solicitors. I have been advised that there is a flying freehold aspect to the property. My surveyor has said that some mortgage companies tend not give a mortgage on a flying freehold home.
It varies from the lender to lender. Lloyds has different requirements for example to Halifax. If you contact us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Penrith. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Penrith to see if the conveyancing will be more expensive.