We are hoping to buy a 3 bedroom apartment in Penwortham with a mortgage. We would like to retain our Penwortham conveyancer, but the lender says she’s not on their "panel". It appears that we have little choice but to use one of the mortgage company panel firms or retain our Penwortham solicitor and pay for one of their panel lawyers to act for them. This feels very unfair; can we not require that the lender use our Penwortham lawyer ?
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. A further alternative is for your Penwortham conveyancing lawyer to apply to be on the conveyancing panel.
What does my ID and proof of funds have anything to do with my conveyancing in Penwortham? Is this really necessary?
Penwortham conveyancing solicitors as well as nationwide property practitioners accross the UK have an obligation under Anti-terror and anti-money-laundering rules to check the ID of any client in order to ensure that clients are who they say they are.
Conveyancing clients will need to disclose two forms of certified ID; proof of identity (usually a Passport or Driving Licence) and evidence of address (usually a Utility Bill no older than three months).
Evidence of the origin of monies is also necessary under the money laundering laws as solicitors are duty bound to investigate that the funds you are utilising to acquire a property (whether it be the deposit for exchange or the total purchase monies where you are buying without a mortgage) has originated from an acceptable source (such as employment savings) as opposed to the proceeds of illegitimate activity.
I am mortgaging my apartment in Penwortham, does my lawyer need to be on the Bank of Ireland Conveyancing panel?
There is nothing to stop you using your solicitor, but Bank of Ireland will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.
Is it correct that all Penwortham CQS (Conveyancing Quality Scheme) solicitors are on the Leeds Building Society conveyancing list of approved practices?
A selection of banks and building societies now make use of CQS as the starting point for Panel membership such as HSBC and Santander. The Law Society’s CQS accreditation however is no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of conveyancing solicitors.
We are getting a further advance on our home loan from Clydesdale as we wish to carry out improvements to our property in Penwortham. Do we need to choose a high street Penwortham solicitor on the Clydesdale conveyancing panel to deal with the legals?
Clydesdale do not ordinarily require firms on their conveyancing panel to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Clydesdale conveyancing panel.
I've read lots of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Penwortham solicitor - who is on the Barclays conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Barclays will need an independent valuation of the property. Your lawyer will not arrange this. Usually Barclays will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Penwortham postcode. As you are getting a mortgage with Barclays, you could contact them to see if they have a list of approved surveyors in Penwortham.
I own a 4 bedroom Edwardian property in Penwortham. Conveyancing practitioner represented me and Aldermore. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, the second leasehold under the matching property. If a house is not a freehold shouldn't I have been informed?
You should read the Freehold register you have again and check the Charges Register as there may be 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 Penwortham 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 buyers. You can also check the situation with your conveyancing lawyer who conducted the conveyancing.
I am thinking of appointing a conveyancing solicitor in Penwortham for my sale. Is it possible to see a solicitor's complaints history with the legal regulator?
Members of the public may search for documented Solicitor Regulator Association (SRA) determinations stemming from inquisitions commenced on or after 1 January 2008. Go to Check a solicitor's record. To find details about the period before 1 January 2008, or to check a solicitors record, ring 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, dial +44 (0)121 329 6800. The SRA could recorded telephone calls for training reasons.