I am one month into the sale of my apartment in Whaley Bridge and the estate agent has just called to advise that the purchasers are changing their conveyancer. The reason given is that the mortgage company will only engage with solicitors on their approved list. On what basis would a major mortgage company only deal with specific lawyers rather the firm that they want to appoint to handle their conveyancing in Whaley Bridge ?
Mortgage companies have always had panels of law firms that can act for them, but in the last few years big names such as HSBC, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for more than 25 years.
Lenders point to the increase in fraud as the reason for the pruning – criteria have been tightened as a smaller panel is easier to monitor. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are not going to have any impact on this.
I am helping my niece sell her property in Whaley Bridge. Does the solicitor order the energy assessment or should I organise this?
After the abolition of Home Packs, energy assessments was left as a compulsory element of selling a property. An energy performance certificate needs to be to hand prior to the property being advertised. This is not something that law firms normally arrange. If you are instructing a Whaley Bridge conveyancing practitioner they might be willing to arrange energy performance certificates given their relationships with long established Whaley Bridge providers
I am currently in the process of buying my council flat in Whaley Bridge. I have a mortgage agreed with Co-operative. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use 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 Co-operative, you will need to appoint a solicitor on the Co-operative conveyancing panel.
At last I have had an offer on an apartment in Whaley Bridge accepted, the vendors do however have a dependent purchase. The owners have put an offer on on an apartment, however it’s not yet tied up, and have viewings of other apartments booked. I have instructed a high street conveyancing solicitor in Whaley Bridge. What should be my next step? When do I get the mortgage application with Leeds Building Society going?
It is understandable to have apprehensions where there is a chain as you are unlikely to want to be too out of pocket too early (mortgage application is approx one thousand pounds, then survey, Whaley Bridge conveyancing search costs, etc). First, you should check that your property lawyer is on the Leeds Building Society conveyancing panel. As to the subsequent phase this very much dictated by the circumstances of your case, desire for the property and on the state of the market. During a hot market some purchasers will apply for the mortgage with Leeds Building Society and arrange for the valuation and only if it was satisfactory would they pay their conveyancer to proceed with searches.
The deeds to my house are lost. The conveyancers who did the conveyancing in Whaley Bridge 10 years ago have long since closed. What are my options?
Assuming you have a registered title the details of your proprietorship will be recorded by the Land Registry under a Title Number. It is possible to perform a search at the Land Registry, find your property and obtain current copies of the property title for a small fee. If the title is Leasehold then the Land Registry will usually retain a file copy of the Registered Lease and again, a copy can be ordered for twenty pounds.
I opted to have a survey completed on a property in Whaley Bridge before instructing conveyancers. I have been advised that there is a flying freehold overhang to the house. My surveyor advised that some mortgage companies will refuse to issue a loan on this type of property.
It depends who your proposed lender is. Santander has different requirements from Birmingham Midshires. Should you wish to call us we can look into this further via the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Whaley Bridge. Conveyancing will be smoother if you use a solicitor in Whaley Bridge especially if they are familiar with such properties in Whaley Bridge.
What makes your site different to other web based conveyancing brokers for conveyancing in Whaley Bridge?
At this site receive a fixed fee quote via a Solicitor or Licensed Conveyancer that understands the nuances of your conveyancing in Whaley Bridge. As opposed to estate agents and brokerage sites we are not in the business of charging firms a fee if you select them for your home move in Whaley Bridge
I am a negotiator for a busy estate agency in Whaley Bridge where we have witnessed a few flat sales put at risk as a result of short leases. I have received contradictory information from local Whaley Bridge conveyancing firms. Please can you shed some light as to whether the owner of a flat can commence the lease extension process for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.
An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Leasehold Conveyancing in Whaley Bridge - Sample of Questions you should consider before buying
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This information is important as a) areas may cause problems for the building as the communal areas may start to deteriorate where repairs remain unpaid b) if the tenants have a dispute with the running of the building you will need to have full disclosure Does this lease have more than 80 years left?