My wife and I are hoping to purchase a 3 bedroom apartment in Perranporth with a mortgage. We would like to retain our Perranporth conveyancer, however the lender advise she’s not on their "panel". We have to appoint one of the mortgage company panel solicitors or continue with our Perranporth solicitor and pay for one of their panel firms to act for them. We regard this is unjust; are we not able to require that the mortgage company use our Perranporth lawyer ?
No, not really. The mortgage offered to you 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 Perranporth conveyancing lawyer to apply to be on the conveyancing panel.
It is 10 years ago since I acquired my home in Perranporth. Conveyancing solicitors have just been retained on the sale but I am unable to track down my title deeds. Will this cause complications?
You need not be too concerned. Firstly the deeds may be retained by your lender or they could stored with the lawyers who acted in your purchase. Secondly the likelihood is that the land will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring current official copies of the land registers. The vast majority of conveyancing in Perranporth relates to registered property but in the rare situation where your home is unregistered it adds to the complexity but is not insurmountable.
I have paid off my mortgage with Santander. I assume I don't need a Perranporth solicitor on the Santander panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Santander 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 Santander mortgage from the register. Santander, 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 Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
I am currently in the process of buying my council flat in Perranporth. I have a mortgage agreed with Principality. 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 Principality, you will need to appoint a solicitor on the Principality conveyancing panel.
Kent Reliance have agreed my mortgage in principle, my offer on a flat in Perranporth has been agreed to, now what?
The estate agent will wish to be advised as to your solicitor's details (be sure the property lawyers are on the lender’s panel). Contact Kent Reliance or the financial adviser and complete any appropriate paperwork. Kent Reliance will sellect a valuer who will get in contact with the estate agent or seller to arrange an appointment. Once carried out (assuming no problems) it takes on average a week to get a mortgage offer. Kent Reliance will issue the offer to you and your conveyancing practitioners. The legal work will then take it’s course according the nature and complexity of the conveyancing in Perranporth.
Will my conveyancer be making enquiries concerning flooding as part of the conveyancing in Perranporth.
Flooding is a growing risk for lawyers carrying out conveyancing in Perranporth. Some people will purchase a house in Perranporth, fully aware that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Conveyancers are not best placed to offer advice on flood risk, but there are a various searches that may be undertaken by the purchaser or by their lawyers which can figure out the risks in Perranporth. The standard information sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a standard question of the vendor to determine if the premises has ever been flooded. In the event that flooding has previously occurred which is not revealed by the owner, then a buyer could issue a compensation claim stemming from an misleading answer. A purchaser’s solicitors should also order an enviro report. This will higlight whether there is a recorded flood risk. If so, additional investigations should be conducted.
About to purchase a new build apartment in Perranporth. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Set out below are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Perranporth
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The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. 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. 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? Please supply a car parking plan.
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