Me and my fiance are buying a 3 bedroom flat in Easthampstead with a mortgage. We have a Easthampstead lawyer, however the mortgage company advise she’s not on their "panel". We have to appoint one of the lender panel solicitors or keep our Easthampstead conveyancer as well as pay for one of their panel ones to represent them. We consider that this is inequitable; is there anything we can do?
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 bank’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. Another option that might be available is for your Easthampstead conveyancing lawyer to apply to be on the conveyancing panel.
We expect to receive a OIP from Nationwide this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Nationwide recommend any Easthampstead solicitors on the Nationwide conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Easthampstead solicitors independently although you'll need to choose one on the Nationwide conveyancing panel. The solicitor represents both you and Nationwide through the process.
I have today made my last payment due on my mortgage with Lloyds. I assume I don't need a Easthampstead lawyer on the Lloyds panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Lloyds 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 Lloyds mortgage from the register. Lloyds, 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 Lloyds has sent the Land Registry the discharge electronically, and
- Lloyds has instructed the Land Registry to do so
Planning on purchasing a apartment in Easthampstead. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the HSBC conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Easthampstead solicitor is on the HSBC conveyancing panel.
The deeds to our property are lost. The solicitors who handled the conveyancing in Easthampstead 5 years ago no longer exist. What do I do?
Gone are the days when you need to have the physical original deeds to prove you are the registered proprietor of land or property, as the Land Registry have everything they need in a digital format.
I am buying a new build apartment in Easthampstead. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Easthampstead
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The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Please confirm the Lease plans are architect prepared. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. There must be mutual enforceability of lessee’s covenants.
I was pointed in your direction by a number of estate agents in Easthampstead to select a property lawyer using your seach tool. What’s the financial incentive for Estate Agents to offer your lawyers ahead of another?
We refuse to offer any referral fee for sending work to this site. We found it would be just too difficult to pay a commission because members of the public would think, ‘Why is the agent getting a kickback? Why am I not receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.
I am looking for a conveyancing lawyer in Easthampstead for my home move. Is it possible to check a solicitor's complaints history with the profession’s regulator?
You may find published Solicitor Regulator Association (SRA) decisions resulting from investigations from 2008 onwards. Go to Check a solicitor's record. To find information about the period before 1 January 2008, or to check a solicitors history, phone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, call +44 (0)121 329 6800. The SRA could recorded call for training requirements.