Unfortunately I am unable to travel far from Rochester. Is there a reason why all Rochester solicitors aren't automatically on all lender panels?
Lenders normally impose restrictions on either the type or the number of conveyancing firms on their approved list of lawyers. Frequent examples of such criteria being that a firm needs to have two or more partners. As well as restricting the type of firm, some banks made a decision to reduce the number of conveyancers they allow to act for them. You should note that mortgage companies have no responsibility for the standard of conveyancing given by any Rochester lawyer on their panel. Increases in mortgage fraud was the primary trigger for the rationalisation of conveyancing panels from 2008 even though there are conflicting thoughts concerning the extent of solicitor involvement in some of that fraud. Statistics from HMLR reveal that thousands of law firms only transact less than three conveyances annually. Those vindicating conveyancing panel cuts ask why conveyancing firms deserve claim to be on a lender panel when it is evident that property law is not their speciality?
We are about to exchange contracts for a freehold house in Rochester. We have hit a snag. The loan offer with Norwich and Peterborough Building Society expires on 21/5/2025 but the sellers are suggesting a completion date of 23/5/2025. Is it possible to extend the mortgage offer?
The person best placed to address this question is your conveyancer who should determine whether they corresponding with the lender, vendor’s solicitors, selling agents or indeed all parties given what has gone on in your house move to date.
What does my ID and proof of funds have anything to do with my conveyancing in Rochester? What am I being asked for?
In order to comply with Money Laundering Regulations any Rochester conveyancing firm will require proof of identity in all conveyancing matters. This is normally dealt with by provision of a passport and an original bank statement or utility bill evidencing where you live.
Under Money Laundering Regulations, conveyancers are duty bound to validate not only the identity of conveyancing clients but also the source of monies that they receive in respect of any matter. Refusal to disclose this will result in your solicitor terminating their retainer with you, as clearly this will cause a conflict between the set Regulations and a refusal to disclose.
Your conveyancers are duty bound to inform the relevant authorities should they believe that any amounts received by them may contravene the Anti-terror and anti-money-laundering rules.
I am helping my aunt sell her property in Rochester. Does the conveyancer arrange the energy performance certificate or it is for me to see to?
After the demise of Home Information Packs, energy assessments remained a required part of moving house. An energy assessment should be commissioned in advance of the property being marketed. It is not a task that conveyancers ordinarily organise. Where you are using a Rochester conveyancing solicitor they may help arrange energy assessments due to their relationships with long established local providers
We are getting a further advance on our mortgage from TSB as we wish to carry out a loft conversion to our property in Rochester. Are we obliged to appoint a high street Rochester solicitor on the TSB conveyancing panel to deal with the paperwork?
TSB do not ordinarily require a member of their approved list of lawyers to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the TSB panel.
I am due to exchange contracts on my flat. I had a double glazing fitted in May 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Aldermore are being problematic. The Rochester solicitor who is on the Aldermore conveyancing panel is recommending indemnity insurance as a solution but Aldermore are requiring a building regulation certificate. Why do Aldermore have a conveyancing panel if they don't accept advice from them?
It is probably the case that Aldermore have referred the matter to their valuer. The reason why Aldermore may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
My colleague recommended that if I am buying in Rochester I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
A search of this type is usually quoted for as part of the standard Rochester conveyancing searches. It is not a small report of more than thirty pages, listing and setting out significant information about Rochester around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Rochester Education with plans and statistics, Local Amenities and other useful data regarding Rochester.
What advice can you give us when it comes to finding a Rochester conveyancing firm to carry out our lease extension conveyancing?
When appointing a solicitor for lease extension works (regardless if they are a Rochester conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Rochester conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions could be of use:
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If they are not ALEP accredited then what is the reason? How familiar is the firm with lease extension legislation?
Rochester Leasehold Conveyancing - A selection of Queries before buying
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Is the freehold owned jointly by the leaseholders? The answer will be important as a) areas could result in problems in the block as the communal areas may start to deteriorate where repairs remain unpaid b) if the leaseholders have a dispute with the running of the building you will want to know about it Are any of leasehold owners in arrears of their service charge payments?