My wife and I are hoping to acquire a 2 bedroom flat in Beacontree Heath with a mortgage. We have a Beacontree Heath lawyer, however the mortgage company says she’s not on their "panel". It seems we have little choice but to instruct one of the mortgage company panel solicitors or retain our Beacontree Heath property lawyer and pay for one of their panel firms to act for them. We regard this is unjust; are we not able to insist that the lender use our Beacontree Heath solicitor ?
No, not really. 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. Another option that might be available is for your Beacontree Heath conveyancing lawyer to apply to be on the conveyancing panel.
As someone unfamiliar with the Beacontree Heath conveyancing process what’s the number one tip you can impart concerning the ownership transfer in Beacontree Heath
You may not hear this from too many lawyers but conveyancing in Beacontree Heath or throughout London is often a confrontational experience. Put another way, when it comes to conveyancing there exists lots of opportunity for conflict between you and other parties involved in the legal transfer of property. E.g., the vendor, estate agent and sometimes your lender. Appointing a lawyer for your conveyancing in Beacontree Heath should not be taken lightly as your conveyancer is your adviser, and is the ONLY party in the process whose role it is to look after your legal interests and to keep you safe.
Sometimes a third party with a vested interest will attempt to persuade you that it is in your interests to do things their way. For instance, the property agent may claim to be helping by suggesting your conveyancer is dragging his heels. Or your financial adviser may try to convince you to do something that is against your lawyers advice. You should always trust your lawyer above all other parties in the conveyancing process.
My partner and I are downsizing from our home in Beacontree Heath and according to the buyers it appears that there is a possibility that the property was built on contaminated land. A high street Beacontree Heath lawyer would know this is not the case. For the life of me I don't know why the buyers are using a national conveyancing firm as opposed to a conveyancing solicitor in Beacontree Heath. We have lived in Beacontree Heath for 4 years we know of no issue. Do we contact our local Authority to seek clarification that there is no issue.
It sounds as though you may have a conveyancing solicitor already. What do they say? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
Yesterday I discovered that there is a flying freehold element on a house I put an offer in last month in what was supposed to be a straight forward, chain free conveyancing. Beacontree Heath is where the house is located. Can you shed any light on this issue?
Flying freeholds in Beacontree Heath are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Beacontree Heath you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Beacontree Heath may ascertain 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 premises.
I have just started marketing my ground floor flat in Beacontree Heath. Conveyancing has not commenced, but I have recently received a half-yearly maintenance charge invoice – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should discharge the service charge as you normally would given that all ground rent and maintenance invoices will be allotted on completion, so you will be reimbursed by the purchaser for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
My wife and I have hit a brick wall in negotiating a lease extension in Beacontree Heath. Can this matter be resolved via the Leasehold Valuation Tribunal?
in cases where there is a missing landlord or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to assess the price payable.
An example of a Lease Extension case for a Beacontree Heath property is 49 Aldborough Road South in July 2012. The Tribunal decided that the premium payable for the grant of the new lease was £13,925 This case affected 1 flat. The unexpired residue of the current lease was 61.36 years.
My wife and I are selling a Beacontree Heath apartment left to us ten years ago in 2011. I have over a decades worth of conveyancing know-how and, although retired, see no reason not to carry out my own conveyancing. The buyer's property lawyer has informed me that their building society will not allow you to do your own conveyancing mandating that the funds to be sent to a solicitor's bank account.
Mortgage requirements to conveyancers from all CML members state that If the seller does not have legal representation the buyer’s lawyers should check whether the mortgage company needs to be told so that a decision can be reached as to whether they are prepared to proceed.