Me and my fiance are purchasing a 3 bedroom apartment in Shawbury with a mortgage. We like our Shawbury lawyer, but the lender says she’s not on their "panel". It appears that we have no choice but to instruct one of the mortgage company panel solicitors or retain our Shawbury lawyer as well as pay for one of their panel lawyers to represent them. We consider that this is unjust; is there anything we can do?
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 Shawbury conveyancing lawyer to apply to be on the conveyancing panel.
Should our conveyancer be raising enquiries regarding flooding during the conveyancing in Shawbury.
Flooding is a growing risk for solicitors specialising in conveyancing in Shawbury. Plenty of people will buy a property in Shawbury, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to offer advice on flood risk, but there are a number of checks that may be carried out by the purchaser or by their conveyancers which will figure out the risks in Shawbury. The standard completed inquiry forms given to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a usual question of the vendor to discover if the premises has suffered from flooding. If flooding has previously occurred and is not notified by the vendor, then a buyer may bring a compensation claim resulting from an inaccurate response. The buyer’s conveyancers may also carry out an enviro search. This will indicate whether there is a recorded flood risk. If so, additional inquiries will need to be made.
The deeds to my house can not be found. The conveyancers who did the conveyancing in Shawbury 4 years ago have long since closed. What are my options?
As long as you have a registered title the details of your ownership will be evidenced by the Land Registry with a Title Number. It is possible to conduct a search at the Land Registry, identify your property and order up to date copies of the property title for a small fee. Where the property is Leasehold then the Land Registry will usually hold a certified duplicate of the Registered Lease and again, a copy can be retrieved for £20 inclusive of VAT.
I am buying a new build flat in Shawbury. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Shawbury
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There must be mutual enforceability of lessee’s covenants. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Forfeiture - bankruptcy or liquidation must not apply under this provision. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
I decided to have a survey carried out on a property in Shawbury prior to instructing solicitors. I have been advised that there is a flying freehold overhang to the property. The surveyor advised that some banks may not give a loan on this type of property.
It depends who your proposed lender is. Santander has different requirements from Nationwide. Should you wish to telephone us we can investigate further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Shawbury. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Shawbury to see if the conveyancing costs will increase in light of this.
I need to instruct a conveyancing solicitor for some conveyancing in Shawbury. I happened to stumble upon a web site which looks to be the ideal solution If it is possible to get all the legals completed via web that would be preferable. Should I be wary? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?