I am hoping to receive a mortgage offer from Santander. My intention is to enlist the help of a Licensed Conveyancer in Essex. Does the Santander Solicitor panel exclude conveyancers regulated by the CLC?
The Santander approved solicitor list is, like many other lenders, represented by the CML or Building Society Association, open to Licensed Conveyancers regulated by the CLC.
I purchased a freehold residence in Essex but nevertheless charged rent, why is this and what is this?
It is rare for properties in Essex and has limited impact for conveyancing in Essex but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the creation of fresh rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.
We're in Essex, FTBs purchasing with a mortgage (lender is Yorkshire BS , and our lawyer is on the Yorkshire BS conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Yorkshire BS conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I have paid off my mortgage with Bank of Ireland. I assume I don't need a Essex solicitor on the Bank of Ireland panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Bank of Ireland 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 Bank of Ireland mortgage from the register. Bank of Ireland, 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 Bank of Ireland has sent the Land Registry the discharge electronically, and
- Bank of Ireland has instructed the Land Registry to do so
After shopping around on the internet I have found a Essex solicitor having checked that they are on the UBS conveyancing panel. Does my lawyer arrange the survey of the property?
UBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually UBS 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 lawyer 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 Essex postcode. As you are getting a mortgage with UBS, you could contact them to see if they have a list of approved surveyors in Essex.
Aldermore have agreed my home loan in principle, my offer on a apartment in Essex has been accepted, what are the next steps?
Your property agent will need to know who your solicitors are (be sure the conveyancers are on the lender’s panel). Call up Aldermore or the financial adviser and complete any appropriate forms. Aldermore will sellect a valuer who will get in touch with the estate agent or seller to book a slot for the valuation to happen. Once carried out (assuming no problems) it takes approximately ten days for the mortgage offer to be issued. Aldermore will send the offer to you and your solicitors. The transaction will then take it’s course according the nature and complexity of the conveyancing in Essex.
I have been told that property searches are the main cause of stalling in Essex conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) published findings of research by MoveWithUs that conveyancing searches do not figure amongst the top 10 causes of hindrances in the conveyancing process. Local searches are not likely to be the root cause of slowing down conveyancing in Essex.
Am I best advised to use a Essex conveyancing practitioner in close proximity to the house I am purchasing? I have an old university friend who can carry out the legal work however they are based approximately 350kilometers away.
The primary upside of using a local Essex conveyancing practice is that you can attend the office to execute documents, deliver your identification documents and pester them if necessary. They will also have local knowledge which is a bonus. However nothing is more important than finding someone that will pull out all the stops for you. If other friends have instructed your friend and the majority were content that must surpass using an unfamiliar Essex conveyancing lawyer solely due to them being based in the area.