Please help. My Southend lawyer is advising me that she is duty bound toconduct Southend conveyancing searches asthe firm are on the Santanderapproved lawyer panel. Is this really necessary?
Unfortunately both you and your lawyer have little choice here. As you are taking a mortgage with a mortgage company your conveyancing practitioner has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancing practitioner would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook specifications . Even if you were a cash buyer you would be ill advised not to carry out Southend conveyancing searches.
As someone not used to conveyancing in Southend what is the number one tip you can give me concerning the ownership transfer in Southend
Not many law firms shout this from the rooftops but conveyancing in Southend and elsewhere in England and Wales is an adversarial experience. In other words, when it comes to conveyancing there exists lots of room for friction between you and others involved in the transaction. For example, the seller, estate agent and sometimes your mortgage company. Selecting a law firm for your conveyancing in Southend is a critical decision as your conveyancer is your adviser, and is the ONLY person in the process whose role it is to act in your legal interests and to protect you.
Every so often a potential adversary may try and sway you that it is in your interests to do things their way. For example, the estate agent may claim to be assisting by suggesting your solicitor is wrong. Or your financial adviser may tell you to do something that is against your lawyers guidance. You should always trust your lawyer above all other parties in the conveyancing process.
My bid for a property was accepted at auction in Southend. Conveyancing is needed. What are my next steps?
Now that you have exchanged you should choose a conveyancing solicitor soon as you are faced with a fast approaching deadline in which to complete the conveyancing. An auction property will ordinarily have a bespoke auction pack. This will likely include the copy title deeds, local authority and drainage searches. In the case of leasehold property the conveyancing pack may include a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation pertinent to a leasehold property. You need to pass this on to your appointed conveyancing solicitor as soon as possible. You also need to ensure that that you have the requisite funding in order to complete on the on the contractual date .
We expect to receive a AIP from Clydesdale this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Clydesdale recommend any Southend solicitors on the Clydesdale conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Southend solicitors independently although you'll need to choose one on the Clydesdale conveyancing panel. The solicitor represents both you and Clydesdale through the process.
It is unclear whether my bank requires a lease extension. I have called into my local Southend building society branch on numerous occasions and was informed it wasn't an issue and they would lend. My Southend conveyancing solicitor - who is on the lender conveyancing panel- called to say that they refuse to lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
The solicitor must follow the Council of Mortgage Lenders’ Handbook section two provisions for your lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I completed on my apartment on 1 October and my personal details is not yet registered. Need I be worried? My conveyancing solicitor in Southend expressed confidence that it would be dealt with in a couple of weeks. Are properties in Southend uniquely lengthy to register?
As far as conveyancing in Southend is concerned, registration is no faster or slower than the rest of England and Wales. As opposed to being determined by geographic area, timeframes can differ according to the party submitting the application, whether there are errors and whether the Land registry communicate with any third persons or bodies. Currently approximately three quarters of such applications are completed in less than three weeks but some can be subject to longer delays. Historically registration takes place once the purchaser has moved in to the property thus post completion formalities is not typically top priority but if there is a degree of urgency associated with the registration then you or your lawyers should speak with the land registry and explain the circumstances.
I've recently bought a leasehold house in Southend. Am I liable to pay service charges for periods before completion of my purchase?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Following months of correspondence we are unable to agree with our landlord on how much the lease extension should cost for our flat in Southend. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Where there is a missing freeholder or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to make a decision on the sum to be paid.
An example of a Freehold Enfranchisement matter before the tribunal for a Southend residence is 75 Woolstone Road in February 2012. the decision of the Tribunal was that the appropriate amount to be paid to purchase the freehold was the sum of £17,711 . This case affected 2 flats. The number of years remaining on the existing lease(s) was 68.28 and 158.
Are the Southend conveyancing lawyers identified as being on the lender conveyancing panel, together with their details provided by the lender?
Southend law firm practices and firms conducting conveyancing in Southend themselves provide us confirmation that they are on the mortgage company conveyancing panel as opposed to being supplied with a list from the lender directly.