My wife and I are intending to buy a 2 bedroom flat in Stone with a mortgage. We have a Stone solicitor, but the mortgage company says she’s not on their "panel". We have to appoint one of the bank panel firms or continue with our Stone solicitor as well as pay for one of their panel ones to represent them. This feels very unfair; can we not demand that the lender use our Stone solicitor ?
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. A further alternative is for your Stone conveyancing solicitor to apply to be on the conveyancing panel.
My grandmother passed away last year and as sole heir and executor I was left the property in Stone. The house had a relatively small loan left on it of around £8000. I want to have the title changed into my name whilst I re-mortgage to Barclays, pay off the mortgage. Is this possible?
If you plan to refinance then Barclays will insist on your using a conveyancer on the Barclays 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 Barclays 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 Barclays mortgage is registered as a charge at the Land Registry.
A friend advised me that in buying a property in Stone there may be a number of restrictions prohibiting external changes to the property. Is this right?
There are a number of properties in Stone which have some sort of restriction or requirement of consent to carry out external changes. Part of the conveyancing in Stone should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
My wife and I buying a terrace house in Stone. Our aim is to carry out a loft conversion at the property.Will legal due diligence on the property include enquiries to determine if these works are allowed?
Your conveyancer will review the deeds as conveyancing in Stone can sometimes reveal restrictions in the title deeds which prohibit certain alterations or necessitated the permission of another owner. Certain extensions need local authority planning permissions and approval in compliance with building regulations. Some areas are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be wise to check these things with a surveyor before you commit yourself to a purchase.
Completion of my purchase has taken place for my property in Stone. Conveyancing was a necessary evil but I would like to complain about the lender. How does one go about formally complaining?
All banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Department at head office. In most cases complaints to a lender are sorted out effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
What does a local search reveal regarding the house we're buying in Stone?
Stone conveyancing often commences with the ordering local authority searches directly from your local Authority or via a personal search organisations for instance Searches UK The local search is essential in every Stone conveyancing purchase; as long as you wish to avoid any nasty once you have moved into your property. The search will provide data on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen topic sections.
Over the last few months I have been searching for a leasehold apartment up to £305k and identified one near me in Stone I like with a park and station in the vicinity, however it's only got 49 remaining years left on the lease. There is not much else in Stone suitable, so just wondered if I would be making a mistake buying a short lease?
If you need a mortgage that many years will likely be an issue. Discount the offer by the amount the lease extension will cost if not already taken into account. If the existing owner has owned the premises for a minimum of 2 years you may request that they commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor regarding this.
We are 18 days into a residential purchase having been directed to conveyancers by the selling agent to perform conveyancing in Stone. I am am extremely disappointed with the quality of service. Can you you assist me in finding new solicitors?
A solicitor would have to be very poor in order to consider changing them. Has your mortgage been generated? If so you need to advise them of the new contact details and have the mortgage documents are issued to the new lawyers. Your solicitor ideally should be on the lenders panel to avoid supplemental costs and delays. That should be your first question of the new conveyancers. The find a solicitor tool can assist you in finding a bank approved conveyancer for your home move in Stone