I am in the process of selling my ground floor flat in Barnsley and the EA has just called to say that the purchasers are switching property lawyer. I am told that this is due to the fact that the bank will only work with solicitors on their approved list. On what basis would a major mortgage company only engage with certain lawyers rather the firm that they want to select to handle their conveyancing in Barnsley ?
Banks have always had an approved set of law firms that can represent them, but in the past few years big names such as Nationwide, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for decades.
Mortgage companies attribute this action to a rise in fraud as the reason for the pruning – criteria have been stiffened as a smaller panel is easier to maintain. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are unlikely to have any impact on this.
I am the sole recipient of my late father’s will with all property in now in my sole name, including the my former home in Barnsley. The Barnsley property was put into my name in January. I plan to dispose of the house. I do know about the CML six month 'rule', meaning my proprietorship will be regarded the same way as though I had purchased the property in January. Will no one buy the property for half a year?
The CML handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be impacted by that. Most mortgage companies would take a sensible view as this obligation chiefly exists to pick up on the purchase and immediately sell or the quick reselling of property.
When it comes to mortgage companies such as Nationwide, do Barnsley conveyancers face an annual charge to be on the list of approved solicitors?
We are not aware of any bank fees to be on their panel, although some do levy an administration fee to deal with the processing of the conveyancing panel application.
I had a mortgage agreed in principle with UBS. Barnsley conveyancing lawyers have been chosen. How long does it take for UBS to issue the offer to the conveyancing practitioner?
Some lenders take longer than others. Have UBS completed the survey? Have you advised UBS as to your lawyers' details and checked that your lawyers are on the UBS conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
The deeds to our property are lost. The conveyancers who did the conveyancing in Barnsley 4 years ago have long since closed. What are my options?
Assuming the title is registered the information relating to your ownership will be held by HMLR under a Title Number. It is possible to conduct a search at the Land Registry, identify your house and get up to date copies of the property title for a small fee. If the property is Leasehold then the Land Registry will usually hold a file duplicate of the Registered Lease and again, a copy can be ordered for £20 inclusive of VAT.
Just had an offer accepted on a new build apartment in Barnsley. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Barnsley
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
Due to the input of my in-laws I had a survey completed on a property in Barnsley before instructing solicitors. I have been told that there is a flying freehold element to the house. Our surveyor advised that some banks may refuse to issue a loan on such a house.
It varies from the lender to lender. Santander has different instructions from Nationwide. If you e-mail us we can investigate further with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Barnsley. Conveyancing may be slightly more expensive based on your lender's requirements.
Why do I have to supply my conveyancer with numerous items of ID ahead of starting selling or purchasing a property in Barnsley?
Barnsley lawyers are obliged by the Law Society, SRA, HM Land Registry and current AML Regulations to record that the have checked the identity of their clients. It is also sometimes a condition of your mortgage offer. Furthermore they have to complete various forms, particularly those relating to Land Tax and need to have details such as your full names, NI number and DOB.