Me and my fiance are buying a 2 bedroom apartment in Warminster with a mortgage. We like our Warminster conveyancer, but the lender advise she’s not on their "panel". It seems we have little option but to instruct one of the mortgage company panel firms or retain our Warminster solicitor as well as pay for one of their panel firms to act for them. We consider that this is inequitable; can we not require that the lender use our Warminster property lawyer ?
No, not really. Your mortgage offer 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 Warminster conveyancing solicitor to apply to be on the conveyancing panel.
Can you clarify what the consequences are if my solicitor is expelled from the Santander Conveyancing panel ahead of completing my conveyancing in Warminster?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
A colleague informed me that in purchasing a property in Warminster there may be various restrictions affecting the ability to carry out external changes to a property. Is this right?
We are aware of a number of properties in Warminster which have some sort of restriction or requirement of consent to carry out external alterations. Part of the conveyancing in Warminster should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I have paid off my mortgage with Barclays. I assume I don't need a Warminster property lawyer on the Barclays panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Barclays 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 Barclays mortgage from the register. Barclays, 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 Barclays has sent the Land Registry the discharge electronically, and
- Barclays has instructed the Land Registry to do so
About to purchase flat in Warminster. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Principality conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Warminster conveyancer is on the Principality conveyancing panel.
I note that there are debates on Chancel Insurance on online forums. Am I compelled to take this when acquiring a residence in Warminster? or Apparently there is a law dating back centuries that means some homeowners living in a parish church boundary will be compelled to pay for repairs towards the chancel within the church. Is this a legitimate concern for conveyancing in Warminster?
Unless a prior acquisition of the house took place post 12 October 2013 you could expect lawyers delivering conveyancing in Warminster to continue to recommend a chancel search and or chancel repair liability policy.
I'm converting the mortgage on my current house to a BTL mortgage with Godiva Mortgages Ltd and I will use the rest of the raised equity as a down payment on another house. The area we are talking about is Warminster. Will your conveyancers be able to act for the two banks and tie in the conveyances?
Make use of our search tool on this page to be sure that the conveyancers are approved by both mortgage companies. Assuming that they are the solicitor should be able to tie up the two transactions but you should talk with you lawyer and make clear your desired outcome and needs.
It's been ten years since I last remortgaged a house. Searching on the web suggests that the costs vary significantly. Can you refer me to a good Warminster conveyancer that would assist me as well as represent Leeds Building Society?
The purpose of this site is limited to being a directory service for property lawyers who wish to be listed as being on the approved conveyancing panel for Leeds Building Society in certain areas such as Warminster . Our intention is not to recommend any particular solicitor.