Me and my fiance are buying a 1 bedroom apartment in Swadlincote with a mortgage. We have a Swadlincote conveyancer, but the lender says she’s not on their "panel". It appears that we have little choice but to appoint one of the mortgage company panel firms or continue with our Swadlincote property lawyer as well as pay for one of their panel firms to act for them. We consider that this is unjust; is there anything we can do?
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 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. A further alternative is for your Swadlincote conveyancing lawyer to apply to be on the conveyancing panel.
Finally the sale completed on my house in Swadlincote last December yet the purchaser is whats apping me to say her solicitor needs to hear from mylawyer. What are the post completion sale legalities following completion?
Following your sale your solicitor is obliged to forward the transfer documentation and all of the paperwork to the purchaser's lawyers. Where relevant, your lawyer should also send confirmation that the legal charge in favour of the lender has been redeemed to the buyers lawyers. There are no post completion requirements unique to conveyancing in Swadlincote.
My bid for a property was accepted at auction in Swadlincote. Conveyancing is needed. What are my next steps?
Having legally committed yourself to purchase you now have to choose a conveyancing lawyer quickly as you are facing a tight a fixed date to complete the property. Every auction property will have an associated legal pack. This will likely include the copy title deeds, local authority and drainage searches. In the case of leasehold premises the auction papers should provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork pertinent to a leasehold property. You need to give this to the conveyancer instructed by you as soon as possible. Do make sure that you have funds organised to complete on the date specified in the contract.
We have a mortgage agreed in principle with Santander. Swadlincote conveyancing practitioners are appointed. How long does it take for Santander to issue the offer to the solicitor?
Some lenders take longer than others. Have Santander done the survey? Have you informed Santander as to your lawyers' details and checked that your lawyers are on the Santander conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
It is unclear whether my lender requires a lease extension. I have telephoned my Swadlincote bank branch on various occasions and was told it does not affect the mortgage offer and they will lend. My Swadlincote conveyancing solicitor - who is on the bank conveyancing panel- telephoned and was told they refuse to lend in accordance with their specific requirements. Who do I believe?
As long as the lawyer is on the mortgage company approved list, they must follow the Council of Mortgage Lenders’ Handbook specifications for the bank. Unless your lawyer obtains specific confirmation in writing that the lender 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I used Action Conveyancing a few years ago for my conveyancing in Swadlincote. I now require my papers but cannot find the solicitor. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Swadlincote of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I've recently found out that there is a flying freehold element on a house I put an offer in last month in what should have been a quick, chain free conveyancing. Swadlincote is where the house is located. Can you shed any light on this issue?
Flying freeholds in Swadlincote are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Swadlincote you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Swadlincote 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 premises.
How easy is it to change a solicitor as I need to find a Swadlincote based one who is on the bank conveyancing panel. How simple is it to change conveyancer?
In the event that you have not formally instructed a conveyancer to commence the conveyancing and at this stage simply received quotes, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer in Swadlincote that you're thinking of instructing.