We wanted to use a property lawyer in Warwick for our house purchase. Our broker informed us that our mortgage company Britannia won't deal with them. Why is this not regarded as unfair competition?
A decade ago most lenders had an appetite for risk which was higher than today. Almost all Warwick conveyancing firms would have been on most mortgage company panels. The Financial Services Authority in 2010 completed a thematic review into mortgage fraud which concluded: know the conveyancing solicitors dealt with. Consequently, lenders have regularly sought more information from law firms regarding their operations and the individuals who work for them and establishing certain criteria such a completing on a minimum number of transactions. Many Warwick conveyancing firms that have been excluded from lender panels have a 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Warwick is amongst the thousands of areas where the lawyers showing on our search results are on the panel for Britannia.
I am planning on selling our house in Warwick and according to the buyers it appears that there is a possibility that the property was built land that was not decontaminated. A high street Warwick conveyancer would know that there is no such problem. It does beg the question why the purchasers used a web based conveyancing outfit rather than a conveyancing solicitor in Warwick. We have lived in Warwick for six years we know that this is a non issue. Should we contact our local Authority to get clarification that the buyers are looking for.
It would appear that you have a conveyancing lawyer already. Are they able to advise? You should 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 sickness)
I used Wolstenholmes several years past for my conveyancing in Warwick. I now require my papers however the law firm has closed. What do I do?
Do contact 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 Warwick 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 am buying a new build flat in Warwick. Conveyancing is a frightening process 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.
Here is a sample of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Warwick
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please supply evidence that the form of Lease proposed has been approved by the Land Registry. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. There must be mutual enforceability of lessee’s covenants.
Due to the guidance of my in-laws I had a survey completed on a house in Warwick before retaining solicitors. I have been told that there is a flying freehold aspect to the property. The surveyor has said that some mortgage companies will not give a mortgage on this type of home.
It depends who your proposed lender is. Santander has different requirements for example to Halifax. If you call us we can look into this further with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Warwick. Conveyancing may be slightly more expensive based on your lender's requirements.
A conveyancing firm dealt with my conveyancing in Warwick half a dozen years ago having archived my deeds but has now closed – What can I do to retreive them?
Deeds, as such, no longer exist as the majority of properties in Warwick are recorded digitally at Land Registry. If you need to show ownership or are selling or refinancing your conveyancer should obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned as quickly as possible.