I am nearing exchange of contracts for my ground floor flat in Watton and the EA has just text me to warn that the buyers are changing their conveyancer. The excuse is that the bank will only engage with solicitors on their approved list. On what basis would a leading mortgage company only deal with certain solicitors rather the firm that they want to appoint to handle their conveyancing in Watton ?
Lenders have always had panels of law firms they are content to work with, but in recent years big names such as Yorkshire Building Society, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for over 25 years.
Lenders attribute this action to a rise in fraud as the reason for the pruning – criteria have been narrowed as a smaller panel is easier to monitor. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are unlikely to have any sway in the decision.
We are expecting a mortgage offer soon. The lender mentioned the mortgage came with free conveyancing. Is the implication that I have to appoint their panel conveyancer as I would prefer to appoint a Watton based conveyancing firm?
Do check but the chances are that appoint one of their panel conveyancers should you accept the "fee-free" offer. Call the lender to see if they allow a monetary alternative. In the past a few mortgage companies offered a £250 cashback as an alternative in which case you could put that amount towards your preferred conveyancing solicitor in Watton.
We previously selected solicitors located in Watton on the Nottingham solicitor approved list. They have just billed me a supplemental charge for handling the Nottingham mortgage. Is this an additional conveyancing fee specified by Nottingham?
Unfortunately, as long as it is in their Terms and Conditions or Quote then yes your conveyancing practitioner is entitled to charge a fee for this. The fee is not set by Nottingham but by your Watton conveyancing practitioner. Plenty of firms on the Nottingham panel will quote ’dealing with mortgage’ fee but many firms include it on their overall fee.
I can not fathom if my lender requires a lease extension. I have called my Watton building society branch on a couple of occasions and was informed it wasn't an issue and they would lend. My Watton conveyancing solicitor - who is on the mortgage company conveyancing panel- called to say that they would not lend in accordance with their published requirements. I simply don't know who is right.
Provided that the conveyancing practitioner is on the lender approved list, they must adhere to the Council of Mortgage Lenders’ Handbook conditions for the lender. Unless your lawyer obtains specific confirmation in writing that the lender 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
After months of negotiation I have agreed a price on a house in Watton. My financial adviser suggested a conveyancing practitioner. I paid an advanced payment of £200. Shortly after, the conveyancing practitioner called me embarrassingly acknowledging that they were not on the Co-operative conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Co-operative panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Me and my brother purchased a semi-detached Georgian house in Watton. Conveyancing lawyer acted for me and Skipton Building Society. I happened to do a free search for it on the Land Registry database and there are two entries: one for freehold, the second leasehold with the matching address. I'd like to know for sure, how can I find out??
You should review the Freehold register you have again and check the Charges Register for 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 Watton and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the situation with the conveyancing lawyer who conducted the conveyancing.
Due to the advice of my in-laws I had a survey completed on a property in Watton prior to appointing lawyers. I have been advised that there is a flying freehold overhang to the property. The surveyor has said that some lenders tend not give a loan on such a premises.
It varies from the lender to lender. Lloyds has different instructions for example to Birmingham Midshires. If you call us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Watton. Conveyancing will be smoother if you use a solicitor in Watton especially if they are accustomed to such properties in Watton.
What are the frequently found defects that you witness in leases for Watton properties?
There is nothing unique about leasehold conveyancing in Watton. Most leases are drafted differently and legal mistakes in the legal wording can result in certain provisions are wrong. For example, if your lease is missing any of the following, it could be defective:
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A duty to insure the building
You could have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Norwich and Peterborough Building Society, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, forcing the purchaser to pull out.
Leasehold Conveyancing in Watton - Sample of Questions you should ask Prior to Purchasing
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Does this lease have more than 90 years left? How much is the maintenance charge and ground rent on the apartment? What restrictions are there in the Watton Lease?