Me and my fiance are purchasing a 2 bedroom flat in Battle with a mortgage. We would like to retain our Battle lawyer, however the lender advise she’s not on their "panel". It appears that we have little option but to appoint one of the mortgage company panel conveyancing practices or continue with our Battle conveyancer and pay for one of their panel ones to represent them. We consider that this is inequitable; 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 Battle conveyancing lawyer to apply to be on the conveyancing panel.
I am buying a property for cash in Battle. I have resided for the last Seventeen years in Battle. Conveyancing searches are expensive. As I know the area and road very well should I not bother getting the solicitor to do all the conveyancing searches?
If you not getting a home loan, then the vast majority of the Battle conveyancing searches are optional. Your lawyer will try and steer you, perhaps strongly, that you should have searches carried out, but he is duty bound to do this. One thing to bear in mind; if you are going to dispose of the house one day, it will likely be be of interest to your prospective buyer what the searches disclose. Sometimes premises with no practical issues can still show up adverse search results. A competent conveyancing solicitor in Battle should be able to give you some constructive advice here.
Can you clarify what the consequences are if my lawyer’s firm is removed from the Coventry BS Conveyancing panel ahead of completing my conveyancing in Battle?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
I happen to be the only recipient of my late grandmother’s will with all property in now in my sole name, including the house in Battle. The Battle property was put into my name in May. I plan to dispose of the property. I understand that there is a Mortgage Lenders six month 'rule', meaning my proprietorship could be considered the same way as if I'd bought the property in May. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook obliges conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be caught by that. How sensible a view banks take of it, depend on the mortgage company as this requirement is primarily there to identify subsales or the flipping of property.
Is it correct that all Battle CQS (Conveyancing Quality Scheme) solicitors are on the Nottingham conveyancing panel?
A selection of banks and building societies now use CQS as the kick off point for Panel approval such as HSBC and Santander. CQS membership however is no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitors wishing to remain on their approved list of conveyancing solicitors.
How can we know in advance if a Battle conveyancing solicitor on the Coventry BS panel is any good?
When it comes to conveyancing in Battle obtaining recommendations is a good start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always advise that you speak with the lawyer conducting your conveyancing.
I have recentlybecome aware that Action Conveyancing have closed. They conducted my conveyancing in Battle for a purchase of a leasehold apartment 10 months ago. How can I establish that my home is in my name in the name of the former proprietor?
The easiest method to see if the property is registered to you, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Battle conveyancing specialists.
We're new on the property ladder - agreed a price, but the agent told us that the owners will only issue a contract if we appoint the agent's recommended solicitors as they are insisting on a ‘quick sale’. Our preferred option is to instruct a family conveyancer used to conveyancing in Battle
We suspect that the seller is not behind this request. Should the vendor require ‘a quick sale', alienating a serious purchaser is not the way to achieve this. Avoid the agents and go straight to the owners and explain that (a)you are keen to buy (b)you are excited to move forward, with mortgage lined up © you are unencumbered (d) you wish to move quickly (e)but you intend to instruct your own,trusted Battle conveyancing solicitors - not the ones that will give their estate agent a referral fee or meet his conveyancing thresholds set by HQ.