My wife and I are planning to acquire a flat in Sandwich and have appointed a Sandwich conveyancing firm. Within the past 48 hours our solicitor has sent a preliminary report and documents to look through with a view to exchanging next week. Halifax have this evening contacted us to advise us that they have now hit a problem as our Sandwich conveyancer is not on their conveyancing panel. Please explain?
When purchasing a property with the benefit of a mortgage it is usual for the purchasers' solicitors to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitor should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the bank's conveyancing panel and you may continue to use your own Sandwich solicitors, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.
Finally the sale completed on my house in Sandwich last November yet the purchaser is texting daily to moan that her lawyer is waiting to hear from mylawyer. What should have happened following completion?
Post completion of your disposal your conveyancer is committed to forward the transfer documentation and all additional paperwork to the buyer’s conveyancer. Depending on the transaction, your solicitor must also evidence that the legal charge in favour of the lender has been redeemed to the buyers lawyers. There are no post completion steps just for conveyancing in Sandwich.
We are expecting a mortgage offer soon. The lender mentioned the mortgage came with free conveyancing. Is the implication that I have to appoint their panel conveyancer as I would prefer to use a Sandwich based conveyancing firm?
Do check but the the probability is that allocate you one of their panel lawyers if you want the "fee-free" incentive. Speak to the lender to check if they allow a monetary alternative. It is not unheard for a lender to give a £250 cashback as a further option in which case that money can go towards the cost for your conveyancing solicitor near Sandwich.
Me and my partner are buying a property in Sandwich. I might seem paranoid but how we can trust a conveyancer? On completion day we have to send our life savings into their account. What protection do we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I'm the only beneficiary of my late father’s will and I have everything in my name now, including the house in Sandwich. Conveyancing formalities meant that the Land Registry date was in May. I want to move. I do know about the CML six month 'rule', meaning my property ownership will be regarded the same way as though I had purchased the property in May. Is the property unsalable for six months?
The CML handbook mandates solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be caught by that. How practical a view mortgage companies take of it, depend on the mortgage company as this obligation primarily exists to pick up on subsales or the quick reselling of property.
When it comes to lenders such as Nationwide, do Sandwich property lawyers incur an annual charge to be on the conveyancing panel?
We are not aware of any bank fees to register on their list of approved firms, although some do levy an administration fee to deal with the processing of the conveyancing panel application.
I decided to have a survey done on a property in Sandwich prior to appointing conveyancers. I have been advised that there is a flying freehold overhang to the house. My surveyor has said that some lenders will refuse to give a loan on this type of premises.
It depends who your proposed lender is. HSBC has different requirements for example to Birmingham Midshires. If you call us we can check via the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Sandwich. Conveyancing will be smoother if you use a solicitor in Sandwich especially if they are accustomed to such properties in Sandwich.
I am thinking of appointing a conveyancing solicitor in Sandwich for my home move. Is there any facility to review a solicitor's complaints history with the profession’s regulator?
You can read presented Solicitor Regulator Association (SRA) decisions resulting from inquisitions from 2008 onwards. Go to Check a solicitor's record. For records Pre 2008, or to check a firm's record, phone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, use +44 (0)121 329 6800. The regulator could recorded call for training requirements.