Please help. My Washington solicitor is assuring me that he is legally obliged toapply for Washington conveyancing searches asthe firm are on the Santandersolicitor panel. Is my lawyer correct?
You have limited options available to you. As you are obtaining a mortgage with a mortgage company your conveyancing practitioner has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook specifications . Even if you were a cash buyer you would be ill advised not to carry out Washington conveyancing searches.
I just bought a house at auction in Washington. Conveyancing is needed. What are my next steps?
Given that you are now to in every practical sense signed on the dotted line you will need to appoint a conveyancing practitioner as a matter of urgency as you are facing a fast approaching a fixed date to complete the deal. An auction property will ordinarily have an associated legal set of papers. This should include the copy title deeds, local authority and drainage searches. In the case of leasehold premises the auction papers should include a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation relating to a leasehold property. You need to give this to your appointed conveyancing solicitor as soon as possible. You also need to ensure that that you have the requisite funding organised to complete the transaction on the set completion date.
I am purchasing a property in Washington. A rare aspect is that the roof has a solar panel. Clydesdale have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As you are obtaining a mortgage with Clydesdale your lawyer must follow the conveyancing instructions outlined in Section two of UK Finance Lenders’ Handbook for Clydesdale. The CML Handbook includes minimum specifications for solar panel roof-space leases, and solicitors are required to report to Clydesdale where a lease does not satisfy these specifications. The requirements relate to the installation of panels on properties nationwide and is not limited to Washington.
I am currently in the process of buying my council flat in Washington. I have a mortgage offer with Bank of Ireland. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Bank of Ireland, you will need to appoint a solicitor on the Bank of Ireland conveyancing panel.
My wife and I have a renovated Edwardian property in Washington. Conveyancing lawyer represented me and Godiva Mortgages Ltd. I happened to do a free search for it on the Land Registry database and there are two entries: one for freehold, another for leasehold under the matching address. Is it worth asking Godiva Mortgages Ltd to clarify?
You need to review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Washington and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with your conveyancing practitioner who conducted the work.
Due to the guidance of my in-laws I had a survey completed on a property in Washington in advance of appointing conveyancers. I have been informed that there is a flying freehold element to the house. Our surveyor advised that some lenders tend refuse to issue a mortgage on this type of property.
It varies from the lender to lender. Santander has different requirements for example to Birmingham Midshires. Should you wish to telephone us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Washington. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Washington to see if the conveyancing costs will increase in light of this.
As co-executor for the will of my father I am selling a house in Swansea but live in Washington. My lawyer (approximately 235 kilometers awayneeds me to execute a statutory declaration ahead of completion. Can you recommend a conveyancing solicitor in Washington to attest and place their company stamp on the document?
strictly speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Normally any notary public or solicitor will do regardless of whether they are Washington based
Our solicitor in Washington has uncovered a defect with the lease for the apartment we are buying in Washington. The seller’s lawyers have suggested defective title insurance as a workaround. We are content with insurance and will pay for it. Our solicitor says that as he is on the mortgage company conveyancing panel he must check that the lender is happy with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. A precondition to being on the mortgage company approved panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects will the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.