I am progressing with the sale of my flat in Brinsworth and the EA has just e-mailed to say that the purchasers are switching property lawyer. I am told that this is due to the fact that the lender will only work with property lawyers on their approved list. On what basis would a major mortgage company only engage with certain solicitors rather the firm that they want to choose for their conveyancing in Brinsworth ?
Mortgage companies have always had panels of law firms that can act for them, but in the last few years big names such as Santander, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 15 years.
Mortgage companies blame a rise in fraud by way of justification for the cull – criteria have been narrowed as a smaller panel is easier to monitor. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are not going to have any sway in the decision.
As someone clueless as to the Brinsworth conveyancing process what is the number one tip you can give me concerning the ownership transfer in Brinsworth
Not many law firms or advisers will tell you this but conveyancing in Brinsworth or throughout South Yorkshire is often a confrontational experience. Put another way, when it comes to conveyancing there is plenty of opportunity for conflict between you and other parties involved in the transaction. E.g., the seller, property agent and on occasion the mortgage company. Appointing a solicitor for your conveyancing in Brinsworth an important selection as your conveyancer is your adviser, and is the ONLY person in the legal process whose role it is to look after your legal interests and to keep you safe.
We are witnessing a definite creep of a "blame" culture- someone has to be blamed for the process being so protracted. You your first instinct should be to trust your lawyer ahead of the other parties when it comes to the legal assignment of property.
I have a terraced Edwardian property in Brinsworth. Conveyancing lawyer acted for me and The Royal Bank of Scotland. I did a free Land Registry search last week and I saw two entries: one for freehold, the second leasehold with the matching property. I'd like to know for sure, how can I find out??
You should read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Brinsworth and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the situation with the conveyancing solicitor who conducted the conveyancing.
I've recently found out that there is a flying freehold element on a property I put an offer in two weeks back in what was supposed to be a straight forward, chain free conveyancing. Brinsworth is where the house is located. What do you suggest?
Flying freeholds in Brinsworth are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Brinsworth you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Brinsworth may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
Am I better off to use a Brinsworth conveyancing solicitor based in the vicinity that I am hoping to buy? I have an old university friend who can handle the conveyancing but her office is 300kilometers drive away.
The primary upside of using a high street Brinsworth conveyancing firm is that you can visit the firm to execute documents, present your ID and pester them if necessary. Having local Brinsworth know how is a plus. However it's more important to get someone that will pull out all the stops for you. If other friends have used your friend and on the whole were content that must surpass using an unknown Brinsworth conveyancing lawyer just because they are based in the area.
What should I expect to pay for conveyancing in Brinsworth?
Almost all Brinsworth conveyancing solicitors will agree to a set fee. If further work becomes necessary during the conveyancing your conveyancing practitioner should disclose to you in writing of any extra fees for any work immediately it becomes foreseeable. Some work on a no sale no cost offering, others will levy an bill for a fraction of the set costs, according to the point at which the deal fails.
It may be helpful for you to ask two or three conveyancers to send you a quotation.