We are planning to purchase a 2 bedroom apartment in Blackfen with a mortgage. We like our Blackfen solicitor, but the lender advise she’s not on their "panel". We have to appoint one of the mortgage company panel solicitors or continue with our Blackfen solicitor as well as pay for one of their panel lawyers to act for them. We feel that this is unjust; can we not demand that the mortgage company use our Blackfen conveyancer ?
No, not really. Your mortgage offer 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 solicitor to apply to be on the conveyancing panel.
Is it the case that all Blackfen CQS (Conveyancing Quality Scheme) solicitors are on the UBS conveyancing list of approved practices?
Some major banks and building societies now use the accreditation scheme as the starting point for Panel approval such as HSBC and Santander. CQS membership however gives no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitors wishing to remain on their approved list of firms.
I have today made my last payment due on my mortgage with Leeds Building Society. I assume I don't need a Blackfen conveyancing practitioner on the Leeds Building Society panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Leeds Building Society mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Leeds Building Society mortgage from the register. Leeds Building Society, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Leeds Building Society has sent the Land Registry the discharge electronically, and
- Leeds Building Society has instructed the Land Registry to do so
I was told two weeks ago that my mortgage has been agreed to by Aldermore. Is it usual for Aldermore to only issue the offer once my solicitor in Blackfen is approved on their conveyancing panel? Aldermore have asked my solicitor to see a copy of their Professional Indemnity Insurance Schedule.
A lender would not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for Aldermore to deal with your lawyer's application to be on the Aldermore conveyancing panel. There's no guarantee that your solicitor will be accepted.
A relative recommended that where I am purchasing in Blackfen I should ask my conveyancer to perform a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is sometimes included in the estimate for your Blackfen conveyancing searches. It is a large report of about 40 pages, listing and detailing significant information about Blackfen around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Blackfen Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Local Education with maps and statistics, Local Amenities and other useful information regarding Blackfen.
Yesterday I discovered that there is a flying freehold element on a property I have offered on two weeks back in what was supposed to be a simple, no chain conveyancing. Blackfen is the location of the property. Is there any advice you can impart?
Flying freeholds in Blackfen are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Blackfen 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 Blackfen 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 property.
I have been advised by a number of estate agents in Blackfen to choose a property lawyer using your seach tool. Is there a financial incentive for Estate Agents to market your site ahead of a competitor’s?
We refuse to offer any commission for pointing buyers and sellers to this site. We found it would be just too difficult a fee because home movers will think, ‘How come the agent getting a kickback? Why aren’t I getting any benefit too?’ We would prefer to grow our business on genuine recommendations.
I have been sourcing a conveyancing lawyer in Blackfen for my home move. Is there any facility to see a firm’s record with the legal regulator?
One may read documented Solicitor Regulator Association (SRA) decisions arising from investigations commenced on or after Jan 2008. Visit Check a solicitor's record. For details Pre 2008, or to check a solicitors record, phone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, dial +44 (0)121 329 6800. The SRA may monitor call for training requirements.