My fiance and I decided to purchase a purpose built apartment in Totterdown with a mortgage from Leeds Building Society.We like our Totterdown conveyancing solicitor but Leeds Building Society says he's not on their approved list of member firms. we are left little option but to use a Leeds Building Society panel lawyer or keep our high street solicitor and pay for one of their panel ones to represent them. This seems very unfair; is there anything we can do?
Unfortunately,no. The loan offered to you is subject to its terms and conditions, one of which will be that solicitors will be on the Leeds Building Society approved list. Until recently, most banks had large numbers of solicitors 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 solicitors to apply to be on the conveyancing panel for Leeds Building Society
Should my conveyancer be raising enquiries about flooding as part of the conveyancing in Totterdown.
Flooding is a growing risk for solicitors dealing with homes in Totterdown. Plenty of people will acquire a property in Totterdown, fully expectant that at some time, it may be flooded. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Solicitors are not qualified to impart advice on flood risk, however there are a numerous searches that may be undertaken by the buyer or on a buyer’s behalf which should give them a better understanding of the risks in Totterdown. The conventional set of information given to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) includes a standard question of the owner to discover if the premises has suffered from flooding. In the event that flooding has previously occurred which is not notified by the seller, then a purchaser could bring a compensation claim as a result of such an misleading response. A purchaser’s solicitors should also carry out an enviro report. This should higlight if there is any known flood risk. If so, further investigations should be carried out.
I have justbeen informed that Stirling Law have closed. They conducted my conveyancing in Totterdown for a purchase of a freehold house 9 months ago. How can I establish that my home is not still registered in the name of the previous owner?
The quickest way to see if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Totterdown conveyancing specialists.
Yesterday I discovered that there is a flying freehold element on a house I have offered on last month in what was supposed to be a quick, no chain conveyancing. Totterdown is the location of the property. Is there any advice you can give?
Flying freeholds in Totterdown are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Totterdown you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Totterdown may decide 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.
I am a fortnight into a freehold purchase having been recommend to conveyancers by the estate agent to handle our conveyancing in Totterdown. I am am very frustrated with the level of service. Can you help me find new solicitors?
A lawyer would need to be really bad in order to consider replacing them. Has your loan offer been sent? If so you must make them aware of the new conveyancer and have the mortgage documents are re-issued. Your new solicitor ideally needs to be on the lenders approved list to avoid supplemental costs and frustration. So that should be your starting point. The find a solicitor tool can assist you in finding a bank approved solicitor for your conveyancing in Totterdown
Can you offer any advice when it comes to appointing a Totterdown conveyancing firm to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Totterdown conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Totterdown conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions might be of use:
-
How experienced is the practice with lease extension legislation?
Totterdown Leasehold Conveyancing - A selection of Queries Prior to Purchasing
-
Who is in charge of the block? If a Totterdown lease has no more than eighty years it will affect the salability of the property. It is worth checking with your mortgage company that they are content with residual term of the lease. A short lease means that you will almost definitely have to extend the lease at some point and it is worth discovering what this would cost. Remember, in most cases you would be required to have been the owner of the residence for 24 months before you are entitled to extend the lease. Does the lease contain onerous restrictions?