My fiance and I are planning to buy a home in Congleton and are in fact using a Congleton conveyancing firm. Within the last couple of days our property lawyer has sent a preliminary report and documents to look through with the expectation that exchange is imminent. Halifax have this evening contacted us to advise us that they have now hit a problem as our Congleton solicitor is not on their conveyancing panel. Is this a problem?
If you are buying a property needing a mortgage it is standard for the purchasers' lawyers to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitor should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the bank's conveyancing panel as you are at liberty to use your preferred Congleton lawyers, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.
What does my ID and proof of funds have anything to do with my conveyancing in Congleton? What am I being asked for?
Congleton conveyancing solicitors and indeed property practitioners throughout the UK have an obligation under Anti-terror and anti-money-laundering rules to check the identity of any client with a view to ensure that clients are who they say they are.
Conveyancing clients are required to supply two forms of certified ID; proof of ID (typically a Passport or Driving Licence) and evidence of address (typically a Bank Statement no older than three months).
Confirmation of source of monies is also required under the money laundering statutes as conveyancers are obliged to ensure that the money you are using to purchase a property (be it the exchange deposit or the total purchase price if you are buying mortgage free) has come from an acceptable source (such as employment savings) as opposed to the fruits of illegitimate activity.
The mortgage over my property is with Nottingham for my property in Congleton. Conveyancing was finalised a year ago. Should I wish to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Nottingham?
Your original mortgage agreement with Nottingham will provide that you need their approval in advance of letting out your property as this is likely to be a breach of Nottingham’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Nottingham directly. It should not be necessary to do this via a Nottingham conveyancing panel firm.
The formalities of my purchase has taken place for my property in Congleton. Conveyancing was satisfactory but I would like to complain about the lender. How do I make a complaint?
Most lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Department at head office. We understand that complaints to a lender are resolved effectively and efficiently. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
I am due to exchange contracts on my house. I had a double glazing fitted in December 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Principality are being a right pain. The Congleton solicitor who is on the Principality conveyancing panel is saying indemnity insurance will be fine but Principality are insisting on a building regulation certificate. Why do Principality have a conveyancing panel if they don't accept advice from them?
It is probably the case that Principality have referred the matter to their valuer. The reason why Principality may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I opted to have a survey completed on a property in Congleton ahead of retaining lawyers. I have been advised that there is a flying freehold aspect to the house. The surveyor has said that some lenders tend not grant a mortgage on such a house.
It depends who your proposed lender is. HSBC has different instructions from Birmingham Midshires. Should you wish to telephone us we can check via 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 Congleton. Conveyancing will be smoother if you use a solicitor in Congleton especially if they regularly deal with such properties in Congleton.
Taking into account that I am about to part with over three hundred thousand on a two bedroom apartment in Congleton I wish to talk to a solicitor about mytransaction in advance of instructing the firm. Is this something that you can arrange?
Absolutely - we would be delighted to talk to you we do not take any clients on without you speaking to the conveyancer who will be conducting your conveyancing in Congleton.There is no ‘factory style conveyancing’ - every client is unique individual, not a case reference. The solicitors that we put you in touch with believe that the fees you are quoted for your conveyancing in Congleton should be the amount on the final invoice that you end up paying.
Do online conveyancing organisations cover everything a local Congleton solicitor does or must I retain a solicitor for the final stages for my conveyancing in Congleton?
Where you use an online conveyancer they should undertake all the work your Congleton conveyancer would cover.