My husband and I are buying a 3 bedroom apartment in Tetbury with a mortgage. We have a Tetbury conveyancer, however the mortgage company says he's not on their "panel". We have to appoint one of the mortgage company panel firms or continue with our Tetbury conveyancer and pay for one of their panel firms to represent them. This seems very unfair; can we not insist that the bank use our Tetbury conveyancing practitioner ?
Unfortunately,no. 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 Tetbury conveyancing lawyer to apply to be on the conveyancing panel.
Do the conveyancing solicitors listed on your site perform attended exchange conveyancing in Tetbury?
We do have a number of conveyancing specialists carrying out one day exchanges. Please contact us to get a costs illustration and details as to dates.
My grandmother passed away 10 months ago and as sole heir and executor I was left the house in Tetbury. The house had a relatively small loan remaining of approximately £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 re-mortgage 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.
How can we know in advance if a Tetbury conveyancing solicitor on the Coventry BS panel is any good?
When it comes to conveyancing in Tetbury getting recommendations is a sensible start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always recommend that you speak with the solicitor handling your conveyancing.
I'm in the throws of looking at houses in Tetbury and I am now considering a potential offer. Should I already have a solicitor in place at this stage? I am planning to take a mortgage with Bank of Ireland.
It would be wise to start your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their details on to the EA. As you are getting a mortgage with Bank of Ireland, ask your prospective lawyers if they are on the Bank of Ireland conveyancing panel otherwise they can't do the mortgage legal work.
It is not clear whether my lender requires a lease extension. I have called into my local Tetbury bank branch on various occasions and was told it does not impact the mortgage offer and they would lend. My Tetbury conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they refuse to lend based on their published requirements. Who do I believe?
As long as the conveyancing practitioner is on the lender approved list, she or he must comply with the Council of Mortgage Lenders’ Handbook conditions for the lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company 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.
My wife and I are selling our house in Tetbury and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. Any local lawyer would know that there is no such problem. For the life of me I don't know why the purchasers are using a national conveyancing firm as opposed to a conveyancing solicitor in Tetbury. We have lived in Tetbury for three years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to get clarification that there is no issue.
It would appear that you have a conveyancing solicitor currently acting for you. What do they say? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
At what stage do I cover the costs of stamp duty due for my purchase in Tetbury?
Your conveyancing practitioner should fill out a Land Transaction Return Form for you as part of your Tetbury purchase transaction for signature. On completion your lawyer will submit your Land Transaction Return Form to the Tax Authorities and - assuming they have the money - settle any tax bill liability on your behalf.