Am I correct in assuming that the fact that my conveyancer in Duston is not listed on my mortgage company's conveyancing panel that there is a problem with the quality of the firm’s conveyancing?
That is more than likely a wrong assumption to make. There are plenty of reasonable explanations. Just recently a report by the solicitors regulator revealed 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) lack of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should contact the Duston conveyancing firm and ask them why they are no longer on the approved list for your mortgage company.
Is it the case that all Duston conveyancing solicitors on the Aldermore conveyancing panel are regulated by the SRA?
As solicitors, in order to be on the Aldermore conveyancing panel they would need to be regulated by the SRA. The majority of mortgage companies do permit licenced conveyancers on their panel in which case such organisation would be governed by the Council of Licensed Conveyancers.
We were going to get a DIP from Skipton this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Skipton recommend any Duston solicitors on the Skipton conveyancing panel, or is it better to go independently?
You will need to appoint Duston solicitors independently although you'll need to choose one on the Skipton conveyancing panel. The solicitor represents both you and Skipton through the process.
I have today made my last payment due on my mortgage with Aldermore. I assume I don't need a Duston conveyancer on the Aldermore panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Aldermore 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 Aldermore mortgage from the register. Aldermore, 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 Aldermore has sent the Land Registry the discharge electronically, and
- Aldermore has instructed the Land Registry to do so
I have been told that property searches are a common cause of hinderance in Duston house deals. Is this right?
The Council of Property Search Organisations (CoPSO) published conclusions of research by MoveWithUs that conveyancing searches do not figure within the top 10 causes of hindrances in the conveyancing process. Searches are unlikely to feature in any slowing down conveyancing in Duston.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Duston. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Duston
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There must be mutual enforceability of lessee’s covenants. Please supply a car parking plan. Forfeiture - bankruptcy or liquidation must not apply under this provision. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
I've recently found out that there is a flying freehold element on a house I put an offer in a fortnight ago in what should have been a straight forward, chain free conveyancing. Duston is the location of the property. Can you offer any opinion?
Flying freeholds in Duston are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Duston you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Duston may determine 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 property.
My husband and I are first time buyers - agreed a price, yet the selling agent has warned us that the seller will only proceed if we appoint their chosen lawyers as they want an ‘expedited deal’. We would rather use a local solicitor used to conveyancing in Duston
It is improbable the sellers are driving this. Should the vendor want ‘a quick sale', taking such a hostile approach to a serious purchaser is not the way to achieve this. Speak to the owners direct and make the point that (a)you are motivated buyers (b)you are ready to go, with mortgage lined up © you have nothing to sell (d) you intend to proceed fast (e)however you will continue to appoint your preferred Duston conveyancing lawyers - as opposed tothe ones that will provide the negotiator at the agency a kickback or meet his conveyancing targets pre-set by senior management.