My husband and I are planning to purchase a 2 bedroom flat in West Brompton with a mortgage. We have a West Brompton lawyer, however the mortgage company advise she’s not on their "panel". It appears that we have little choice but to select one of the mortgage company panel solicitors or keep our West Brompton lawyer as well as pay for one of their panel firms to act for them. This seems very unfair; is there anything we can do?
No, not really. Your mortgage offer 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. A further alternative is for your West Brompton conveyancing solicitor to apply to be on the conveyancing panel.
My solicitor has uncovered a a problem with the lease for the flat we are buying in West Brompton. The other side have suggested defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our lawyer says that he must check that the mortgage company is content with this solution. Who is the client here, us or the mortgage company ?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with 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 conveyancer will have no choice but to discontinue acting for you.
We just had an offer accepted to buy with Norwich and Peterborough Building Society. We have called around locally but cant to find a West Brompton conveyancing firm on the Norwich and Peterborough Building Society approved list. Can you help?
You should take advantage of the search tool on this web page. Please choose the mortgage company and type West Brompton or your location and you will be presented with a number of lawyer located in West Brompton or near you.
I opted to have a survey completed on a property in West Brompton ahead of instructing solicitors. I have been informed that there is a flying freehold aspect to the house. My surveyor advised that some banks tend refuse to issue a mortgage on this type of property.
It depends who your proposed lender is. Santander has different instructions from Halifax. If you contact us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in West Brompton. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in West Brompton to see if the conveyancing costs will increase in light of this.
Is it simple use your search tool to find a conveyancing practitioner in West Brompton on the authorised to act for my lender?
Step one is to pick a mortgage company such as Halifax, Norwich and Peterborough Building Society or Aldermore then type in your preferred area e.g. West Brompton. Conveyancing organisations in West Brompton and further afield should be shown.
My brother has encouraged me to appoint his lawyers for conveyancing in West Brompton. Should I find my own property lawyer?
There are no two ways about it the best way to choose a conveyancing lawyer is to get referrals from friends or relatives who have experience in using the firm that you are are thinking of instructing.