We are buying a 3 bedroom apartment in Blackfen with a mortgage. We wish to retain our Blackfen solicitor, however the mortgage company says she’s not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or keep our Blackfen conveyancer and pay for one of their panel firms to represent them. This feels very unfair; is there anything we can do?
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 bank’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 Blackfen conveyancing lawyer to apply to be on the conveyancing panel.
Our grandson is buying a house that has just been built in Blackfen with a home loan from Aldermore. His lawyer has said that there is a delay in receiving the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?
The form is intended to provide information to the main parties engaged in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Aldermore conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Aldermore conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
we are a couple who wish to acquire a newly converted flat in Blackfen with a homeloan from Lloyds TSB Bank.We use our Blackfen conveyancing lawyer but Lloyds TSB Bank says he's not on their approved list of firms. It seems we have little choice but to instruct a Lloyds TSB Bank panel solicitor or retain our high street solicitor and pay for one of their panel ones to act for them. This seems very unfair; is there anything we can do?
Unfortunately,no. The loan offered to you is subject to its various provisions, a common one being that conveyancers must be on the Lloyds TSB Bank solicitor panel. Until recently, most banks had large numbers of solicitors on their panels: a borrower could find 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 lawyer to apply to be on the conveyancing panel for Lloyds TSB Bank
I own a renovated Victorian house in Blackfen. Conveyancing lawyer represented me and National Westminster Bank. I did a free Land Registry search last week and I saw two entries: the first freehold, the second leasehold with the matching address. Is it worth asking National Westminster Bank to clarify?
You should read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Blackfen and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the position with your conveyancing solicitor who conducted the conveyancing.
I've recently found out that there is a flying freehold element on a house I have offered on last month in what was supposed to be a simple, no chain conveyancing. Blackfen is where the house is located. Can you shed any light on this issue?
Flying freeholds in Blackfen are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Blackfen you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Blackfen 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.
How does the Landlord & Tenant Act 1954 impact my business premises in Blackfen and how can your lawyers assist?
The particular law that you refer to gives a safeguard to business leaseholders, granting the right to apply to court for a renewal tenancy and remain in occupation when the lease comes to an end. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing firms who use the act for protection and help with commercial conveyancing in Blackfen