We are intending to purchase a 1 bedroom apartment in Upminster Bridge with a mortgage. We wish to retain our Upminster Bridge solicitor, however the mortgage company advise she’s not on their "panel". We have to appoint one of the mortgage company panel firms or retain our Upminster Bridge property lawyer and pay for one of their panel lawyers to act for them. We regard this is unjust; can we not demand that the mortgage company use our Upminster Bridge conveyancing practitioner ?
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. Another option that might be available is for your Upminster Bridge conveyancing solicitor to apply to be on the conveyancing panel.
I am expecting a OIP from Nottingham this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Nottingham recommend any Upminster Bridge solicitors on the Nottingham conveyancing panel, or is it better to go independently?
You will need to appoint Upminster Bridge solicitors independently although you'll need to choose one on the Nottingham conveyancing panel. The solicitor represents both you and Nottingham through the process.
I have today made my last payment due on my mortgage with UBS. I assume I don't need a Upminster Bridge property lawyer on the UBS panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your UBS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the UBS mortgage from the register. UBS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where UBS has sent the Land Registry the discharge electronically, and
- UBS has instructed the Land Registry to do so
I can not fathom if my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Upminster Bridge building society branch on a couple of occasions and was advised it wasn't a problem and they will lend. My Upminster Bridge conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they refuse to lend in accordance with their published requirements. I simply don't know who is right.
Provided that the conveyancing practitioner is on the bank panel, they must comply with the Council of Mortgage Lenders’ Handbook requirements for the lender. Unless your lawyer obtains specific confirmation in writing that the bank 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.
Should commercial conveyancing searches reveal planned roadworks that could affect a commercial land in Upminster Bridge?
Many commercial conveyancing solicitors in Upminster Bridge will conduct a SiteSolutions Highways report as it reduces the time that conveyancers invest in researching accurate data on highways that impact buildings and development assets in Upminster Bridge. The report provides definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Upminster Bridge.
For every commercial conveyancing transaction in Upminster Bridge it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately may cause delays to Upminster Bridge commercial conveyancing transactions as well as present a risk to future plans for the site. These searches are not carried out for residential conveyancing in Upminster Bridge.
Just had an offer accepted on a new build flat in Upminster Bridge. Conveyancing is daunting 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.
Set out below is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Upminster Bridge
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Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? There must be mutual enforceability of lessee’s covenants. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
Due to the advice of my in-laws I had a survey completed on a house in Upminster Bridge prior to appointing conveyancers. I have been informed that there is a flying freehold element to the property. Our surveyor advised that some lenders tend not give a loan on this type of house.
It depends who your proposed lender is. Bank of Scotland has different instructions from Halifax. Should you wish to telephone us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Upminster Bridge. Conveyancing will be smoother if you use a solicitor in Upminster Bridge especially if they are familiar with such properties in Upminster Bridge.
How much experience do your Upminster Bridge conveyancing solicitors have with Help To Buy, Shared Equity and similar schemes?
Upminster Bridge conveyancing lawyers help thousands of people move home every year and helped plenty of clients through the Help To Buy scheme. The chances are that whatever makes your case unique Upminster Bridge conveyancers have worked on recent similar cases.