My husband and I are buying a 2 bedroom apartment in Rainham Kent with a mortgage. We like our Rainham Kent conveyancer, however the bank advise she’s not on their "panel". It seems we have no option but to use one of the bank panel solicitors or keep our Rainham Kent conveyancing practitioner and pay for one of their panel ones to act for them. We regard this is unjust; are we not able to require that the lender use our Rainham Kent 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. Another option that might be available is for your Rainham Kent conveyancing solicitor to apply to be on the conveyancing panel.
My wife and I are approaching an exchange on a flat in Rainham Kent and my parents have sent the exchange deposit to my property lawyer. I am now informed that as the deposit has not come from me my conveyancing practitioner needs to disclose this to my mortgage company. I am advised that, in also acting for the bank he must advise them that the balance of the purchase price is coming from anyone other than me. I disclosed to the mortgage company regarding my parents' contribution when I applied for the home loan, so is it really necessary for him to raise this?
The property lawyer is legally required to clarify with the bank to make sure that they are aware that the balance of the purchase price is not from your own funds. Your solicitor can only reveal this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.
It is is a decade since I acquired my home in Rainham Kent. Conveyancing solicitors have just been instructed on the sale but I am unable to find the title documents. Is this a problem?
You need not be too concerned. Firstly the deeds may be retained by your mortgage company or they could be archived with the lawyers who acted in the purchase. Secondly in most cases the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors acquiring up to date copy of the land registers. The vast majority of conveyancing in Rainham Kent involves registered property but in the unlikely event that your property is not registered it is more tricky but is resolvable.
I have been referred to a conveyancing solicitor in Rainham Kent. I I would like to check if they are on the Barnsley Building Society conveyancing panel. Could you advise?
You should call your conveyancer and ask them if they are on the lender panel. Alternatively please call Barnsley Building Society who may be able to help.
I have a terraced Edwardian house in Rainham Kent. Conveyancing lawyer acted for me and Birmingham Midshires. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: the first freehold, another for leasehold with the matching address. If a house is not a freehold shouldn't I have been informed?
You need to 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Rainham Kent and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the situation with your conveyancing solicitor who conducted the purchase.
Due to the input of my in-laws I had a survey completed on a house in Rainham Kent ahead of appointing solicitors. I have been advised that there is a flying freehold aspect to the property. My surveyor has said that some banks may not grant a mortgage on a flying freehold property.
It depends who your proposed lender is. Lloyds has different instructions for example to Halifax. Should you wish to call us we can investigate further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Rainham Kent. Conveyancing will be smoother if you use a solicitor in Rainham Kent especially if they are familiar with such properties in Rainham Kent.