My lawyer has discovered a a legal deficiency with the lease for the property we are buying in Withernsea. The other side have put forward defective title insurance as a solution. We are happy with insurance and will pay for it. Our conveyancing practitioner says that he must be satisfied that the mortgage company is content with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook requirements. 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.
It is is a decade since I purchased my property in Withernsea. Conveyancing solicitors have now been retained on the sale but I can't find my title deeds. Is this a problem?
You need not be too concerned. First there is a chance that the deeds will be retained by your mortgage company or they could be in the possession of the lawyers who handled the purchase. Secondly in all probability the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors procuring current official copies of the land registers. Nearly all conveyancing in Withernsea relates to registered property but in the unlikely event that your home is unregistered it is more of a problem but is not insurmountable.
There are a variety of conveyancing solicitors in Withernsea but how do I know who I should use?
It would be unwise to be swayed by the cheapest Withernsea conveyancing fees. You really do get what you pay for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.
I have today made my last payment due on my mortgage with Coventry BS. I assume I don't need a Withernsea conveyancer on the Coventry BS panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Coventry BS 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 Coventry BS mortgage from the register. Coventry BS, 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 Coventry BS has sent the Land Registry the discharge electronically, and
- Coventry BS has instructed the Land Registry to do so
The formalities of my remortgage has taken place for my property in Withernsea. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. How do I make a complaint?
Almost all banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Team at head office. Ordinarily complaints to a lender are sorted out very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
In what way does the Landlord & Tenant Act 1954 affect my commercial offices in Withernsea and how can your lawyers assist?
The 1954 Act gives protection to business tenants, giving them the legal entitlement to apply to court for a renewal tenancy and remain in occupation at the end of an expired lease. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing solicitors who use the act for protection and handle your commercial conveyancing in Withernsea
As co-executor for the estate of my aunt I am selling a property in Monmouth but I am based in Withernsea. My conveyancer (based 235 miles awayneeds me to execute a stat dec before completion. Could you suggest a conveyancing practitioner in Withernsea who can witness this legal document for me?
strictly speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Normally or notary public or qualified solicitor will do regardless of whether they are Withernsea based
How easy is it to change a solicitor as I need to find a Withernsea based firm who is on the mortgage company conveyancing panel. Is it advisable to appoint a new law firm?
In the event that you have not formally instructed a conveyancer to start work and have just received an estimate as to costs, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer in Withernsea that you're thinking of instructing.