We are buying a 1 bedroom flat in Seaton with a mortgage. We like our Seaton conveyancer, but the bank says she’s not on their "panel". It seems we have no choice but to use one of the lender panel firms or retain our Seaton conveyancing practitioner and pay for one of their panel firms to represent them. This feels very unfair; is there anything we can do?
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 bank’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 Seaton conveyancing solicitor to apply to be on the conveyancing panel.
My uncle passed away last year and as sole heir and executor I was left the house in Seaton. The house had a relatively small loan left on it of around £4500. I want to have the title changed into my name whilst I re-mortgage to Bank of Ireland, pay off the mortgage. Is this possible?
Given you plan to refinance then Bank of Ireland will insist on your using a conveyancer on the Bank of Ireland conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Bank of Ireland conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Bank of Ireland mortgage is registered as a charge at the Land Registry.
Despite weeks of looking the Title Certificate and documents to our home can not be found. The conveyancers who dealt with the conveyancing in Seaton 10 years ago no longer exist. What do I do?
Assuming you have a registered title the details of your proprietorship will be evidenced by the Land Registry under a Title Number. It is easy to conduct a search at the Land Registry, identify your house and secure current copies of the Registered Entries for a small fee. If the property is Leasehold then the Land Registry will usually hold a file duplicate of the Registered Lease and again, a copy can be ordered for a small fee.
I need to instruct a conveyancing lawyer in Seaton for my house move. Is there any facility to see a solicitor's record with the profession’s regulator?
Anyone can see presented Solicitor Regulator Association (SRA) determinations resulting from investigations from 2008 onwards. Visit Check a solicitor's record. For details about the period before 1 January 2008, or to check a firm's record, ring 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For callers outside the UK, use +44 (0)121 329 6800. The regulator may recorded telephone calls for training reasons.
Can you offer any advice when it comes to finding a Seaton conveyancing firm to deal with our lease extension?
When appointing a solicitor for lease extension works (regardless if they are a Seaton conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Seaton conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be helpful:
-
If they are not ALEP accredited then what is the reason? What are the costs for lease extension conveyancing?
Leasehold Conveyancing in Seaton - Sample of Queries before Purchasing
-
How much is the ground rent and service charge? Many Seaton leasehold flats will be liable to pay a service charge for the upkeep of the building set on behalf of the landlord. If you acquire the property you will have to pay this liability, usually in instalments during the year. This may differ from two or three hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all likelihood there will be a rentcharge for you to pay annual, normally this is not a large sum, say about £25-£75 but you should to enquire as sometimes it can be many hundreds of pounds. In the main the outlay for major works tend not to be built into the maintenance charges, although there some managing agents in Seaton require leaseholders to contribute towards a sinking fund created for the specific intention of establishing a fund for larger repairs or maintenance.
There are a number of properties in Seaton on unadopted lanes. We are buying one such property. What are the advantages and disadvantages of purchasing a residence on a private road?
Seaton conveyancing firms will be familiar with conveyancing propertieson private. Your lawyer should investigate Land Registry data to identify any rights or responsibilities. In many cases there is a management company (wholly owned by residents) that proprietors pay into to maintain the road. If there is one, the road will likely be maintained and look better than publicly owned.