I am selling my home in Frampton on Severn and the estate agent has just text me to say that the buyers are switching property lawyer. I am told that this is due to the fact that the bank will only engage with property lawyers on their conveyancing panel. On what basis would a big named mortgage company only deal with certain solicitors rather the firm that they want to select for their conveyancing in Frampton on Severn ?
Lenders have always had an approved set of law firms that can act for them, but in the last few years big names such as Santander, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for decades.
Lenders justify this action to a rise in fraud as the reason for the cull – criteria have been tightened as a smaller panel is easier to monitor. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are not going to have any sway in the decision.
It is a dozen years since I bought my house in Frampton on Severn. Conveyancing lawyers have recently been instructed on the sale but I am unable to locate my deeds. Is this a major issue?
Don’t worry too much. First there is a chance that the deeds will be with the mortgage company or they may be in the possession of the conveyancers who handled the purchase. Secondly in all probability the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining up to date copy of the land registers. Nearly all conveyancing in Frampton on Severn relates to registered property but in the unlikely event that your property is not registered it adds to the complexity but is not insurmountable.
When scouring online forums for a cheap lawyer in Frampton on Severn, many say that I should use a CQS assured lawyer. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in home moving process, trusted by some of the UK's biggest mortgage companies. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Building Societies Association (BSA). CQS is not a scheme offered by the Society for Licensed Conveyancers. Frampton on Severn is one of the numerous areas of the UK where there are Accredited solicitors.
Should our lawyer be making enquiries about flooding during the conveyancing in Frampton on Severn.
Flooding is a growing risk for conveyancers dealing with homes in Frampton on Severn. Plenty of people will purchase a house in Frampton on Severn, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Conveyancers are not best placed to give advice on flood risk, but there are a number of searches that can be undertaken by the buyer or by their conveyancers which will figure out the risks in Frampton on Severn. The standard information given to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard question of the owner to discover whether the property has suffered from flooding. If the premises has been flooded in past which is not notified by the seller, then a buyer may commence a compensation claim as a result of such an misleading response. The buyer’s conveyancers should also carry out an enviro search. This will higlight whether there is a recorded flood risk. If so, more detailed inquiries will need to be carried out.
I've recently found out that there is a flying freehold issue on a house I have offered on last month in what was supposed to be a straight forward, no chain conveyancing. Frampton on Severn is the location of the property. What do you suggest?
Flying freeholds in Frampton on Severn are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Frampton on Severn you would need to get your solicitor to go through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Frampton on Severn may decide 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.
I purchased a property in Frampton on Severn last 6/12/2019 and to date it is still not recorded with HM Land Registry. It is part of a new estate and my solicitor told me that it may take twelve months to register. I have contacted HMLR directly and they say that the original application was cancelled due to questions not being addressed in time. What can I do?
It is your conveyancer that you must get in touch with in order to satisfy any issues which have arisen as part of the registration formalities for your Frampton on Severn property. Normal Frampton on Severn conveyancing practice includes an undertaking on the part of the seller's conveyancing practitioner that they will help resolve any requisition raised by HMLR so it may be a case of seeking to enforce that undertaking in some way.