My wife and I are planning to purchase a house in Shard End and are in fact using a Shard End conveyancing practice. Within the past 48 hours our property lawyer has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Santander have this afternoon contacted us to advise us that there is now an issue as our Shard End lawyer is not on their approved list of lawyers. 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 lender 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 lender’s conveyancing panel and you may continue to use your own Shard End solicitors, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.
As someone with no idea as to the Shard End conveyancing process what’s the number one tip you can impart concerning the ownership transfer in Shard End
You may not hear this from too many lawyers but conveyancing in Shard End or throughout Birmingham is often a confrontational experience. Put another way, when it comes to conveyancing there exists an abundance of room for friction between you and other parties involved in the transaction. For instance, the vendor, selling agent and even potentially the mortgage company. Choosing a law firm for your conveyancing in Shard End an important selection as your conveyancer is your adviser, and is the ONE person in the legal process whose responsibility is to look after your legal interests and to keep you safe.
Every so often a third party with a vested interest may attempt to sway you that you should follow their advice. As an example, the estate agent may claim to be helping by suggesting your conveyancer is wrong. Or your financial adviser may tell you to do something that is against your conveyancers recommendation. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
My wife and I purchasing a terrace house in Shard End. The intention is to convert the garage to a playroom at the property.Will the conveyancing process include enquiries to ascertain if these works are prohibited?
Your property lawyer will check the deeds as conveyancing in Shard End will on occasion identify restrictions in the title documents which prohibit certain changes or need the permission of a 3rd party. Certain additions require local authority planning consent and approval under the building regulations. Certain areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. It would be wise to check these issues with a surveyor before you commit yourself to a purchase.
We had instructed conveyancing lawyers located in Shard End on the Nationwide solicitor panel. They are now charging me a separate fee for dealing with the Nationwide mortgage. Is this a supplemental conveyancing fee specified by Nationwide?
As unfair as it may appear, as long as it’s in their Terms of Engagement or estimate then yes your conveyancer can charge a fee for this. This charge is not dictated by Nationwide but by your Shard End property lawyer. Plenty of firms on the Nationwide panel will levy an ‘acting for lender’ fee but some firms include it on their overall fee.
We were going to get a AIP from Santander this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Santander recommend any Shard End solicitors on the Santander conveyancing panel, or is it better to go independently?
You will need to appoint Shard End solicitors independently although you'll need to choose one on the Santander conveyancing panel. The solicitor represents both you and Santander through the process.
I acquired my home on 12 April and my personal details are still not on the land registry website. Should I be concerned? My conveyancing solicitor in Shard End expressed confidence that it will be formalised in a couple of weeks. Are titles in Shard End uniquely lengthy to register?
As far as conveyancing in Shard End is concerned, registration is no faster or slower than anywhere else in England and Wales. Rather than based on location, timeframes can adjust depending on who lodges the application, whether there are errors and if the Land registry must send notices to any 3rd parties. At present in the region of three quarters of submission are fully addressed in less than three weeks but some can be subject to extensive delays. Registration takes place once the buyer has moved in to the property therefore 'speed' is not usually top priority but if there is a degree of urgency associated with the registration then you or your conveyancer can communicate with the Registry to express the reasoning for the application to be prioritised.
I've recently found out that there is a flying freehold element on a property I have offered on two weeks back in what was supposed to be a quick, no chain conveyancing. Shard End is where the house is located. Can you offer any guidance?
Flying freeholds in Shard End are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Shard End you must be sure that your lawyer goes through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Shard End may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
As co-executor for the will of my grandmother I am disposing of a house in Cardiff but live in Shard End. My conveyancer (based 300 miles from meneeds me to sign a stat dec before completion. Can you recommend a conveyancing practitioner in Shard End who can attest and place their company stamp on the document?
strictly speaking you should not be required to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will suffice regardless of whether they are Shard End based