My wife and I are purchasing a 2 bedroom apartment in Williton with a mortgage. We would like to retain our Williton lawyer, however the bank says she’s not on their "panel". It seems we have little choice but to use one of the mortgage company panel firms or retain our Williton conveyancing practitioner as well as pay for one of their panel ones to represent them. We regard this is inequitable; are we not able to insist that the bank use our Williton conveyancer ?
No, not really. The mortgage offered to you 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 Williton conveyancing lawyer to apply to be on the conveyancing panel.
Is it the case that all Williton CQS (Conveyancing Quality Scheme) solicitors are on the Nationwide conveyancing panel?
A selection of lenders now make use of the accreditation scheme as the kick off point for Panel membership such as HSBC and Santander. CQS accreditation however gives no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for firms wishing to join their approved list of firms.
Is it the case that all Williton solicitors on the TSB conveyancing panel are governed by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the TSB conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. The majority of banks do list licenced conveyancers on their panel and in that case the firms would be overseen by the CLC.
It is unclear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Williton bank branch on a couple of occasions and was told it does not affect the mortgage offer and they will lend. My Williton conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned and was told they refuse to lend based on their published requirements. Who do I believe?
As long as the lawyer is on the bank panel, they must follow the Council of Mortgage Lenders’ Handbook specifications for the bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company 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 bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
My wife and I are selling our house in Williton and according to the buyers it appears that there is a possibility that the property was constructed on contaminated land. Any high street Williton lawyer would know that there is no such problem. For the life of me I don't know why the buyers instructed a web based conveyancing outfit as opposed to a conveyancing solicitor in Williton. We have lived in Williton for many years we know that this is a non issue. Do we contact our local Authority to get confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing firm already. What do they say? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
The deeds to my house are lost. The solicitors who did the conveyancing in Williton 10 years ago are no longer around. What are my next steps?
Assuming you have a registered title the information relating to your proprietorship will be documented by HMLR under a Title Number. It is possible to carry out a search at the Land Registry, find your house and order current copies of the property title for less than a fiver. Where 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 am looking for a ground for flat up to £245,000 and found one close by in Williton I like with amenity areas and station in the vicinity, the downside is that it's only got 61 remaining years left on the lease. I can't really find anything else in Williton suitable, so just wondered if I would be making a mistake purchasing a lease with such few years left?
If you need a home loan the shortness of the lease will likely be an issue. Discount the offer by the expected lease extension will cost if it has not already been discounted. If the existing proprietor has owned the property for a minimum of twenty four months you could request that they start the process of the extension and pass it to you. An additional ninety years can be extended on to the current lease with a zero ground rent applied. You should speak to your conveyancing solicitor concerning this.
We are 18 days into a freehold purchase having been directed to a firm by the high street agent to handle our conveyancing in Williton. I am am extremely disappointed with the level of service. Can you you assist me in finding new solicitors?
A solicitor would have to be really poor to suggest replacing them. Has the loan offer been generated? In the event that it has you will need to inform them of the replacement lawyer and ensure the mortgage documents are re-sent. Your new conveyancer should be on the mortgage company approved list to avoid supplemental charges and delays. That should be your first question of the new conveyancers. The search tool should assist you in finding a bank approved conveyancer for your home move in Williton