Please explain the implications if my lawyer’s firm is expelled from the Barclays Conveyancing panel ahead of completing my conveyancing in Clayhall?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
Can you point me to a directory of Santander panel solicitors in Clayhall on the UK Finance Lenders’ Handbook Website?
Unfortunately not yet. There is no such directory service on the CML or Building Society Association sites. Very few banks make their panel listings visible online. If you are seeking to appoint a Clayhall conveyancer on the Santander please make the most of our tool.
We are getting a further advance on our home loan from Aldermore as we wish to conduct a loft conversion to our house in Clayhall. Do we need to choose a bricks and mortar Clayhall solicitor on the Aldermore conveyancing panel to handle the paperwork?
Aldermore would not normally appoint firms on their approved list of lawyers to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Aldermore panel.
I have paid off my mortgage with TSB. I assume I don't need a Clayhall conveyancing practitioner on the TSB panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your TSB 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 TSB mortgage from the register. TSB, 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 TSB has sent the Land Registry the discharge electronically, and
- TSB has instructed the Land Registry to do so
Will my conveyancer be making enquiries regarding flooding as part of the conveyancing in Clayhall.
Flooding is a growing risk for conveyancers dealing with homes in Clayhall. Plenty of people will buy a house in Clayhall, fully aware that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not qualified to offer advice on flood risk, but there are a number of searches that may be carried out by the purchaser or by their solicitors which will figure out the risks in Clayhall. The conventional set of property information forms supplied to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) contains a usual inquiry of the seller to find out if the premises has ever been flooded. In the event that flooding has previously occurred and is not revealed by the owner, then a buyer may bring a compensation claim stemming from an incorrect answer. The purchaser’s conveyancers may also commission an enviro report. This will reveal if there is any known flood risk. If so, more detailed inquiries will need to be conducted.
I purchased a renovated Edwardian house in Clayhall. Conveyancing lawyer acted for me and Virgin Money. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, another for leasehold with the matching property. I thought I was buying a freehold how can I check?
You need to read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Clayhall and other locations in 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 lenders. You can also question the situation with your conveyancing practitioner who completed the work.
I am buying a new build house in Clayhall with a loan from Birmingham Midshires. The developers refused to reduce the amount so I negotiated £7000 of fixtures and fittings instead. The sale representative advised me not reveal to my conveyancer about the extras as it would affect my loan with Birmingham Midshires. 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.
My husband and I are a couple of weeks into a leasehold purchase having been referred to conveyancers by the selling agent to handle our conveyancing in Clayhall. I am not happy. Can you help me find new conveyancers?
They would need to be really poor in order to consider replacing them. Has your loan offer been issued? If so you will need to inform them of the new solicitor and ensure the loan are re-sent. Your conveyancer needs to be on the banks approved list to avoid supplemental fees and delays. That should be your first question of the new solicitors. Our search tool will assist you in finding a bank approved solicitor for your home move in Clayhall