I am not well enough to travel far from Deganwy. Is there a reason why all Deganwy conveyancers aren't included on all mortgage company panels?
Pre- 2008 most lenders displayed an attitude to risk which is different than today. The financial regulator in 2010 carried out a thematic review into fraud which concluded: know the lawyers on your panel. Consequently, lenders have since looked to extract more data from law firms concerning their processes and the staff employed by them and set certain criteria such as completing a minimum number of transactions. Thousands of firms have been excluded from lender panels even though they had an exemplary disciplinary record, no complaints and zero claims and didn't just 'dabble' in conveyancing. Many firms were never going to meet the criteria of volume of transactions the lenders insisted on.
My Deganwy solicitor has discovered a discrepancy between the information in the home valuation survey and what is in the conveyancing documents. My lawyer has advised that he is duty bound to check that the lender is OK with this discrepancy and is content to go ahead. Is my conveyancer’s approach appropriate?
Your conveyancer must comply with the UK Finance Lenders’ Handbook provisions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
It is is a decade since I acquired my property in Deganwy. Conveyancing solicitors have recently been retained on the sale but I can't find my deeds. Will this cause complications?
Don’t worry too much. Firstly there is a chance that the deeds will be with your lender or they may be archived with the lawyers who acted in the purchase. Secondly the chances are that the title will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors acquiring current official copies of the land registers. The vast majority of conveyancing in Deganwy relates to registered property but in the unlikely event that your home is not registered it is more of a problem but is not insurmountable.
The deeds to my home can not be found. The conveyancers who conducted the conveyancing in Deganwy 4 years ago are no longer around. Will I be able to sell the house?
As long as you have a registered title the information relating to your proprietorship will be evidenced by HMLR under a Title Number. It is easy to conduct a search at the Land Registry, find your property and secure current copies of the property title for a small fee. If the property is Leasehold then the Land Registry will in most cases retain a file copy of the Registered Lease and again, a copy can be obtained for £20 inclusive of VAT.
I've recently found out that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a quick, chain free conveyancing. Deganwy is where the house is located. Can you shed any light on this issue?
Flying freeholds in Deganwy are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Deganwy you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Deganwy 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 premises.
As co-executor for the estate of my father I am selling a residence in Cardiff but reside in Deganwy. My lawyer (who is 200 kilometers awayneeds me to sign a statutory declaration prior to completion. Could you suggest a conveyancing practitioner in Deganwy to attest and place their company stamp on the document?
strictly speaking you are unlikely to need to have the documents attested by a conveyancing solicitor. Normally any notary public or solicitor will be fine regardless of whether they are located in Deganwy