My wife and I are nearing an exchange on a house in Ellesmere and my parents have transferred the exchange deposit to my lawyer. I am now told that as the deposit has been sent from someone other than me my property lawyer needs to make a notification to my lender. I am advised that, in also acting for the lender he must advise them that the balance of the purchase price is coming from anyone other than me. I disclosed to the bank regarding my parents' contribution when I applied for the mortgage, so is it really appropriate for this now to hold matters up?
Your lawyer is duty bound to check with the bank to ensure that they know that the balance of the purchase price is not from your own funds. The solicitor can only report this to your lender if you permit them to, failing which, your lawyer must cease to continue acting.
What is the first thing I need to know about purchase conveyancing in Ellesmere?
Not many law firms shout this from the rooftops but conveyancing in Ellesmere and elsewhere in Shropshire is an adversarial process. Put another way, when it comes to conveyancing there exists plenty of room for conflict between you and others involved in the ownership transfer. For example, the vendor, property agent and sometimes your bank. Selecting a solicitor for your conveyancing in Ellesmere is a critical decision as your conveyancer is your adviser, and is the ONE person in the process whose responsibility is to protect your legal interests and to protect you.
There is a definite emergence of a "blame" culture- someone has to be at fault for the process being so protracted. You should always trust your conveyancer ahead of the other parties when it comes to the legal assignment of property.
Do the Building Society Association intend to launch a search tool with a view to list solicitors on the Earl Shilton BS conveyancing panel for example in Ellesmere?
We have not been informed any intention on the part of the BSA to promote such a search facility.
Me and my brother purchased a terraced Edwardian property in Ellesmere. Conveyancing solicitor represented me and Britannia. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, the second leasehold under the exact same address. I thought I was buying a freehold how can I check?
You need to review 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Ellesmere and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with your conveyancing practitioner who conducted the work.
In my capacity as executor for the will of my grandmother I am selling a residence in Monmouth but live in Ellesmere. My solicitor (based 300 miles awayhas requested that I execute a stat dec before completion. Could you suggest a conveyancing practitioner in Ellesmere who can witness and place their company stamp on the document?
Technically speaking you should not be required to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will do regardless of whether they are Ellesmere based
My husband and I have had DIP from Barclays Direct who have advised we could borrow up to £117k. When do I need to appoint a solicitor for conveyancing? Ellesmere is where we plan to move to.
It would be wise to instruct a property lawyer now so that the property lawyer can open the file so they can do the ID checks etc. Once you wish them to commence work you will be asked for a payment on account usually approximately £175. That would generally be once you have the mortgage offer and valuation back, however should you want to expedite matters you can start the ball rolling quicker albeit risking some expense.