My husband and I are intending to buy a 1 bedroom apartment in Bembridge with a mortgage. We like our Bembridge conveyancer, but the mortgage company advise she’s not on their "panel". It seems we have little option but to appoint one of the bank panel solicitors or keep our Bembridge conveyancing practitioner as well as pay for one of their panel ones to represent them. We regard this is inequitable; are we not able to require that the lender use our Bembridge conveyancing practitioner ?
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. A further alternative is for your Bembridge conveyancing solicitor to apply to be on the conveyancing panel.
I am need of leasehold conveyancing for a flat in a relatively new development (seven years old) in Bembridge. Almost all the appartments have already been sold. Do I need carry out the local searches for my conveyancing in Bembridge?
Conveyancing Searches are a critical link in the Bembridge conveyancing process. There are a large number of companies who offer Bembridge conveyancing searches, as well straight from the local authority. These are generally termed personal search organisation due to them carrying out, personal searches. However, all Local Authority Search conveyancing products have one thing in common - they must obtain their information from the local authoritative source.
Do I select a Licenced Conveyancer or Solicitor for conveyancing in Bembridge?
There are two types of lawyers who can perform conveyancing in Bembridge namely CLC regulated conveyancers or solicitors. Both professionals administer the legal services that you need to complete the sale or acquisition of property. Both are required to carry out Bembridge conveyancing on similar standards and guidelines so you can be safe in the knowledge that your conveyancing will be professionally administered and that all requisite procedures should be appropriately followed.
Is it correct that all Bembridge CQS (Conveyancing Quality Scheme) solicitors are on the Bank of Ireland conveyancing panel?
Some major banks and building societies now make use of CQS as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS accreditation however is no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their panels.
The formalities of my remortgage has taken place for my property in Bembridge. Conveyancing was of an acceptable standard but I would like to complain about the lender. How do I make a complaint?
Almost all lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Department at head office. We understand that complaints to a lender are sorted out very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Bembridge. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below is a sample of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Bembridge
-
Forfeiture - bankruptcy or liquidation must not apply under this provision. There must be mutual enforceability of lessee’s covenants. 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. 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. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
I've recently found out that there is a flying freehold element on a house I put an offer in last month in what should have been a quick, chain free conveyancing. Bembridge is the location of the property. Can you shed any light on this issue?
Flying freeholds in Bembridge are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Bembridge you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Bembridge may decide 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 residence.
Am I best advised to use a Bembridge conveyancing solicitor who is local to the property I am purchasing? We have a good friend who can handle the legal work but her office is approximately 350miles drive away.
The benefit of a high street Bembridge conveyancing practice is that you can pop in to sign paperwork, deliver your identification documents and apply pressure on them if necessary. Having local Bembridge know how is a plus. However nothing is more important than finding someone that will pull out all the stops for you. If other friends have instructed your friend and they were impressed that should trump using an unfamiliar Bembridge conveyancing solicitor just because they are local.