My wife and I are buying a 3 bedroom apartment in Dover with a mortgage. We would like to retain our Dover lawyer, but the bank advise he's not on their "panel". It seems we have no option but to appoint one of the bank panel conveyancing practices or retain our Dover conveyancing practitioner as well as pay for one of their panel ones to act for them. We consider that this is inequitable; can we not insist that the bank use our Dover property lawyer ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’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. A further alternative is for your Dover conveyancing lawyer to apply to be on the conveyancing panel.
It is 10 years ago since I acquired my property in Dover. Conveyancing lawyers have recently been retained on the sale but I am unable to find the title documents. Will this cause complications?
You need not be too concerned. First there is a chance that the deeds will be retained by the mortgage company or they may be in the possession of the conveyancers who oversaw your purchase. Secondly in most cases the title will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining current official copies of the land registers. Nearly all conveyancing in Dover involves registered property but in the unlikely event that your home is not registered it adds to the complexity but is resolvable.
I had intended to instruct a conveyancing solicitor in Dover for our house purchase. Our financial adviser has since notified us that our mortgage lenders TSB won't deal with them. Why is this not regarded as unduly restrictive?
Lenders in the main imposes restrictions either the category or the amount of conveyancing firms on their approved list of lawyers. Typical examples of such criteria being that a law practice must have two or more partners. As well as restricting the type of firm, a few banks have decided to limit the number of solicitor practices they permit to act for them. Be aware that TSB have no responsibility for the quality of advice provided by any member of TSB Conveyancer Panel. Mortgage fraud was a key driver in the rationalisation of solicitor panels since 2008 even though there are mixed opinions concerning the extent of solicitor involvement in some of that fraud. Statistics from the Land Registry reveal that thousands of law firms, including some in or near Dover only carry out very few conveyances a year.
Me and my partner are purchasing a apartment in Dover. It might be a silly question but how we can trust a lawyer? At some point we have to deposit money into their account. What is the protection we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
It is unclear whether my mortgage offer requires a lease extension. I have called my Dover building society branch on numerous occasions and was told it does not impact the mortgage offer and they would lend. My Dover conveyancing solicitor - who is on the lender conveyancing panel- called and was told they will not lend in accordance with their specific requirements. Who do I believe?
Provided that the lawyer is on the mortgage company panel, they must adhere to the CML Handbook specifications for the lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
After shopping around on the internet I have found a Dover solicitor having checked that they are on the Co-operative conveyancing panel. Does my lawyer arrange the survey of the property?
Co-operative will need an independent valuation of the property. Your lawyer will not arrange this. Usually Co-operative will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancing practitioner will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Dover postcode. As you are getting a mortgage with Co-operative, you could contact them to see if they have a list of approved surveyors in Dover.
I appreciate that there are debates on Chancel Insurance on online forums. Am I compelled to take this when acquiring a residence in Dover? or I am told that there is a law dating back centuries that means some house owners residing in a parish church boundary will be compelled to pay for maintenance to the chancel in proximity to the church. Is this a legitimate concern for conveyancing in Dover?
Unless a previous purchase of the premises took place post 12 October 2013 you may expect lawyers delivering conveyancing in Dover to continue to advocate a chancel search and or insurance against a claim.
I am looking for a ground for flat up to £195,000 and identified one near me in Dover I like with amenity areas and transport links in the vicinity, the downside is that it only has 51 years on the lease. There is not much else in Dover for this price, so just wondered if I would be making a mistake buying a lease with such few years left?
If you require a home loan the shortness of the lease will be an issue. Discount the offer by the amount the lease extension will cost if it has not already been discounted. If the existing owner has owned the premises for at least 2 years you can request that they start the process of the extension and then assign it to you. You can add 90 years to the current lease and have £0 ground rent by law. You should consult your conveyancing lawyer concerning this.