Is the fact that my solicitor in Spital is not on my mortgage company's conveyancing panel that there is a problem with the quality of his conveyancing?
It would be unwise to jump to that conclusion. There are plenty of reasonable explanations. Just recently a report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should simply call the Spital conveyancing practice and enquire why they are no longer on the approved list for your lender.
It is a dozen years since I purchased my house in Spital. Conveyancing solicitors have recently been instructed on the sale but I am unable to find the title documents. Will this jeopardise the sale?
You need not be too concerned. First the deeds may be kept by your mortgage company or they could be in the possession of the lawyers who oversaw your purchase. Secondly the chances are that the land will be registered at the land registry and you will be able to establish that you own the property by your conveyancing lawyers acquiring current official copies of the land registers. The vast majority of conveyancing in Spital relates to registered property but in the unlikely event that your home is not registered it adds to the complexity but is not insurmountable.
Can you clarify what the consequences are if my lawyer’s firm is suspended from the Nationwide Solicitor panel ahead of completing my conveyancing in Spital?
First, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
I have been told by my conveyancer that lack of planning permission insurance is needed on my purchase. What is the level of cover for Spital conveyancing?
The appropriate level of lack of planning permission indemnity insurance should be dictated by who your lender. It would differ for example between National Westminster Bank and Barnsley Building Society. Conveyancing practitioners as opposed to members of the public take out such insurances.
The mortgage over my property is with Santander for my property in Spital. Conveyancing has been completed 12 months ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Santander?
You must advise Santander prior to renting your property as this is likely to be a breach of Santander’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Santander directly. You need not do this via a Santander conveyancing panel solicitor.
Completion of my remortgage has taken place for my property in Spital. Conveyancing was a necessary evil but I would like to complain about the lender. How does one go about formally complaining?
Most banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Department at head office. In most cases complaints to a lender are resolved very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
I am buying a new build apartment in Spital. 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 is a sample of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Spital
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. There must be mutual enforceability of lessee’s covenants. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Forfeiture - bankruptcy or liquidation must not apply under this provision. Please supply a car parking plan.
In my capacity as executor for the estate of my uncle I am disposing of a residence in Swansea but reside in Spital. My conveyancer (based 300 miles from merequires that I execute a statutory declaration prior to completion. Could you suggest a conveyancing lawyer in Spital who can attest and place their company stamp on the document?
Technically speaking you are not likely to need to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will be fine regardless of whether they are Spital based