I plan on purchasing property in Whyteleafe. My Conveyancer is not on the lender conveyancing list. Am I still permitted to continue with my Whyteleafe conveyancing solicitor even though they are not on the lender list of approved lawyers?
You must appoint a conveyancing practitioner to deal with the legal work required when you take out a mortgage to purchase your home. They will conduct all the relevant investigations on the property, make sure that you’re registered as proprietor and ensure that all the necessary mortgage paperwork is in place. One could select a Whyteleafe solicitor of your choice. However, if the conveyancer appointed is not on the mortgage company solicitor panel supplemental costs will be levied as separate legal representation will be need by the mortgage company. Lender panel applications can be submitted, so if your lawyer has not in the past applied for membership they should take the opportunity to apply.
We wanted to use a conveyancing solicitor in Whyteleafe for our house purchase. Our broker has since advised us that our mortgage company Leeds Building Society won't deal with them. Why is this not regarded as unfair competition?
Lenders ordinarily restrict either the category or the amount of conveyancing firms on their member panel. Typical examples of such criteria being that a firm must have two or more partners. In addition to restricting the type of firm, a few banks have decided to limit the number of firms they allow to act for them. Be aware that Leeds Building Society have no responsibility for the quality of advice provided by any member of Leeds Building Society Conveyancer Panel. Mortgage fraud was a key driver in the rationalisation of conveyancing panels a few years ago even though there remains mixed views regarding the level of solicitor involvement in some of that fraud. Figures from the Land Registry reveal that plenty of law firms, including some in or near Whyteleafe only conduct one or two conveyances a year.
Me and my partner are buying a house in Whyteleafe. It might be a silly question but how we can trust a lawyer? On completion day we have to put our life savings into their account. What is the protection we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I have today made my last payment due on my mortgage with Leeds Building Society. I assume I don't need a Whyteleafe property lawyer on the Leeds Building Society panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Leeds Building Society mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Leeds Building Society mortgage from the register. Leeds Building Society, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Leeds Building Society has sent the Land Registry the discharge electronically, and
- Leeds Building Society has instructed the Land Registry to do so
I am selling my house. I had a double glazing fitted in March 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Nationwide are being a right pain. The Whyteleafe solicitor who is on the Nationwide conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Nationwide are insisting on a building regulation certificate. Why do Nationwide have a conveyancing panel if they don't accept advice from them?
It is probably the case that Nationwide have referred the matter to their valuer. The reason why Nationwide may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I have been pointed in your direction by two or three local selling agents in Whyteleafe to get a quote from a property lawyer using your seach tool. What’s the financial incentive for Estate Agents to offer your services over and above alternative conveyancing organisations?
We refuse to make any referral fee for pointing buyers and sellers to this site. We found it would be just too difficult a fee as a client could think, ‘How come the agent getting a kickback? Why aren’t I receiving any benefit too?’ So we decided to step away from that.
I am a negotiator for a long established estate agency in Whyteleafe where we have experienced a number of leasehold sales put at risk due to short leases. I have been given conflicting advice from local Whyteleafe conveyancing firms. Can you confirm whether the seller of a flat can start the lease extension formalities for the buyer?
Provided that the seller has been the owner 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 can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.
An alternative approach is to agree the lease extension with the freeholder 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 purchaser.
We have reached the end of our tether in trying to reach an agreement for a lease extension in Whyteleafe. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most definitely. We can put you in touch with a Whyteleafe conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Whyteleafe premises is 223 Brighton Road in September 2013. The premium payable for the acquisition freehold of the properties should be £10,934 (Ten thousand,nine hundred and thirty four pounds) This case related to 3 flats. The unexpired term was 75 years.
Do I stop my mortgage payments with Lloyds once a completion date for my home sale in Whyteleafe has been agreed?
You are best advised to maintain meeting any mortgage sums to Lloyds until the mortgage is discharged from the proceeds of sale as part of your Whyteleafe conveyancing.