Me and my fiance are buying a 2 bedroom flat in Shirley with a mortgage. We like our Shirley lawyer, however the mortgage company advise he's not on their "panel". We have to appoint one of the lender panel solicitors or keep our Shirley property lawyer and pay for one of their panel firms to act for them. This seems very unfair; is there anything we can do?
Unfortunately,no. 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 Shirley conveyancing lawyer to apply to be on the conveyancing panel.
We just had an offer accepted to buy with Earl Shilton BS. We have called around locally but am struggling to find a Shirley conveyancing firm on the Earl Shilton BS approved list. Please you assist?
Please do make the most of the search tool on this site. Please choose the mortgage company and type Shirley or your location and you will be presented with numerous solicitors located in Shirley or nearest you.
What is the difference between a licensed conveyancer and conveyancing solicitor in Shirley
There are many recorded licenced Conveyancers in Shirley and Solicitor partnerships in Shirley who provide Conveyancing services We would stress that both are supervised by regulatory bodies with both specialising in the legal work in transferring property. The two can deal with associated property related work such as remortgage conveyancing, lease extensions and transfer of equity conveyancing.
I have decided to exercise my right to buy my property in Shirley off the council. I have a mortgage offer with UBS. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with UBS, you will need to appoint a solicitor on the UBS conveyancing panel.
I can not fathom if my mortgage offer requires a lease extension. I have telephoned my Shirley bank branch on a couple of occasions and was advised it wasn't an issue and they will lend. My Shirley conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they will not lend in accordance with their published requirements. I have no idea who is right.
As long as the property lawyer is on the bank approved list, she or he must adhere to the CML Handbook provisions for the lender. 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 lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Due to the guidance of my in-laws I had a survey completed on a property in Shirley prior to retaining solicitors. I have been told that there is a flying freehold element to the property. My surveyor has said that some banks tend refuse to give a mortgage on this type of home.
It depends who your proposed lender is. Lloyds has different instructions for example to Halifax. Should you wish to call us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Shirley. Conveyancing may be slightly more expensive based on your lender's requirements.
Jane (my partner) and I may need to let out our Shirley ground floor flat for a while due to taking a sabbatical. We used a Shirley conveyancing firm in 2003 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?
Some leases for properties in Shirley do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.
I have had difficulty in trying to purchase the freehold in Shirley. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most definitely. We are happy to put you in touch with a Shirley conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a Shirley residence is 29 Woodstock Road in April 2014. the Tribunal determined that the premiums to be paid into court in respect of the purchase of the freehold registered at HMLR under Title N0.SY3997 should be £7,217. This case affected 4 flats. The remaining number of years on the lease was 98 years.
Is it true that a Shirley conveyancing firm taken to court by clients for failing to conduct comprehensive conveyancing investigations?
Our attention has not be brought to such a Shirley conveyancing claim but according to a recent report, clients buying a house elsewhere in England successfully won a claim against their lawyer as a consequence of development plans to erect a wind farm not being identified in conveyancing searches.
If you are thinking of buying a home in Shirley It is essential that your property lawyer purchase all Shirley conveyancing searches necessary making sure that you have relevant and current information ahead of acquiring a home in Shirley.