Me and my partner are purchasing a 3 bedroom flat in Carlisle with a mortgage. We wish to retain our Carlisle solicitor, however the bank says he's not on their "panel". It appears that we have no option but to appoint one of the mortgage company panel conveyancing practices or continue with our Carlisle solicitor as well as pay for one of their panel ones to represent them. We consider that this is inequitable; is there anything we can do?
Unfortunately,no. 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. Another option that might be available is for your Carlisle conveyancing solicitor to apply to be on the conveyancing panel.
My wife and I are buying a new build apartment in Carlisle and my conveyancer is advising me that she has to the mortgage company to reveal incentives from the developer. I am nearing the developer’s deadline to sign contracts and I would rather not delay deal. Is my lawyer right?
You should not exchange unless you have been advised to do so by your solicitor. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
The Carlisle conveyancing solicitors that I recently instructed on my house acquisition in Carlisle have suddenly shut down. They were on acting for me because I needed a lawyer on the Co-operative conveyancing panel and my preferred Carlisle lawyer was not. I paid them £170 on account. What do I do now?
Assuming that you have an Estate Agent in the equation then let them know immediately so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Co-operative conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers should be in a position to assist.
is it true that all Carlisle solicitors on the Lloyds conveyancing panel are regulated by the SRA?
As solicitors, in order to be on the Lloyds conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. Some mortgage companies do allow licenced conveyancers on their panel and in that case the organisation would be regulated by the Council of Licensed Conveyancers.
Can I be sure that the Carlisle conveyancing solicitor on the Barclays panel is any good?
When it comes to conveyancing in Carlisle 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 handling your conveyancing.
Leeds Building Society have agreed my mortgage in principle, my bid on a apartment in Carlisle has been accepted, what are the next steps?
Your property agent will wish to know who your solicitors are (make sure the property lawyers are on the lender’s approved list). Contact Leeds Building Society or the financial adviser and finalise any appropriate documentation. Leeds Building Society will sellect a valuer who will get in touch with the estate agent or seller to arrange an appointment. Once carried out (assuming no problems) it takes approximately a fortnight for the mortgage offer to be issued. Leeds Building Society will send the offer to you and your conveyancers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Carlisle.
I appreciate that there are debates on Chancel Insurance on online forums. Do I need this when purchasing a property in Carlisle? or Apparently there is a law dating back centuries that could mean that owners of property residing in a parish church boundary may be liable to pay for repairs to the chancel within the church. Is this a legitimate concern for conveyancing in Carlisle?
Unless a previous purchase of the house took place post 12 October 2013 you could take it that lawyers conducting conveyancing in Carlisle to remain recommending a chancel search and or chancel repair liability insurance.
As co-executor for the estate of my uncle I am selling a house in Neath but live in Carlisle. My lawyer (who is 235 kilometers from mehas requested that I execute a statutory declaration before the transaction finalising. Could you suggest a conveyancing practitioner in Carlisle who can witness this legal document for me?
Technically speaking you are not likely to be required to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or solicitor will do regardless of whether they are Carlisle based