My husband and I are getting closer to an exchange on a house in Church End and my mum and dad have transferred the ten percent deposit to my lawyer. I am now advised that as the deposit has not come from me my lawyer needs to make a notification to my lender. Apparently, in also acting for the lender he must advise them that the balance of the purchase price is coming from anyone other than me. I advised the bank concerning my parents' contribution when I applied for the mortgage, so is it really appropriate for him to raise this?
Your property lawyer is legally required to check with mortgage company to make sure that they understand that the balance of the purchase price is not from your own resources. The solicitor can only notify this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.
As someone unfamiliar with the Church End conveyancing process what is your top tip you can impart for the legal transfer of property in Church End
You may not hear this from too many lawyers but conveyancing in Church End or throughout England and Wales is often a confrontational experience. In other words, when it comes to conveyancing there exists plenty of opportunity for conflict between you and others involved in the transaction. For instance, the seller, property agent and sometimes a mortgage company. Choosing a solicitor for your conveyancing in Church End an important selection as your conveyancer is your adviser, and is the ONE party in the legal process whose role it is to look after your legal interests and to protect you.
Every so often a potential adversary may try and persuade you that it is in your interests to do things their way. As an example, the estate agent may claim to be helping by suggesting your conveyancer is wrong. Or your financial adviser may try to convince you to do something that is against your solicitors advice. You should always trust your lawyer above all other parties in the conveyancing process.
My Solicitor in Church End is not on the Yorkshire Building Society Conveyancing Panel. Is it possible for me to continue with my family solicitor even though they are excluded from the Yorkshire Building Society list of approved lawyers?
Your options are as follows:
- Carry on with your existing Church End solicitors but Yorkshire Building Society will need to instruct a lawyer on their list of acceptable firms. This will result in additional overall legal fees as well as cause delays.
- Get an alternative lawyer to to deal with the purchase, remembering to check they are Yorkshire Building Society approved.
- Try to convince your Yorkshire Building Society based solicitor to try to join the Yorkshire Building Society panel
I'm buying my first flat in Church End with a loan from Halifax. The developers would not reduce the amount so I negotiated £7000 of fixtures and fittings instead. The property agent advised me not inform my lawyer about this extras as it could affect my mortgage with Halifax. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Due to the encouragement of my in-laws I had a survey completed on a house in Church End in advance of instructing conveyancers. I have been told that there is a flying freehold aspect to the house. Our surveyor advised that some mortgage companies will not give a mortgage on such a premises.
It depends who your proposed lender is. Santander has different instructions from Nationwide. If you call us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Church End. Conveyancing will be smoother if you use a solicitor in Church End especially if they regularly deal with such properties in Church End.
I acquired a flat in Church End last 13/3/2025 and to date it is still not recorded with the Land Registry. It is part of a development site and my lawyer told me that it can take one year to complete the registration formalities. I have spoken with HM Land Registry directly and they have informed me the initial application was cancelled due to questions not being addressed in time. What can I do?
It is your solicitor that you really need to get in touch with in order to satisfy any issues which have been raised as part of the registration process for your Church End property. Normal Church End conveyancing practice includes an undertaking on the part of the previous owner’s lawyer that they will help resolve any registration raised by HMLR so it may be a case of seeking to enforce that undertaking if necessary.