My wife and I are planning to acquire a flat in Frodsham and are in fact using a Frodsham conveyancing firm. Within the last couple of days our property lawyer has sent a preliminary report and documents to look through with the expectation that exchange is imminent. HSBC Bank have this morning contacted us to inform me that there is now an issue as our Frodsham solicitor is not on their conveyancing panel. What do we do from here?
Where you are buying a property with the assistance of a mortgage it is usual for the purchasers' lawyers to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyer should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel as you are at liberty to use your preferred Frodsham lawyers, in which case it will likely add costs, and it will likely delay the transaction as you have another set of people involved.
We wanted to use a property lawyer in Frodsham for our house purchase. Our financial adviser has since notified us that our mortgage lenders Chelsea Building Society won't deal with them. Why is this not regarded as unduly restrictive?
Before the recession most lenders had a different appetite for risk. Almost all Frodsham conveyancing firms would have been on most bank panels. The FSA in 2010 carried out a thematic review into mortgage fraud which concluded: know the conveyancing solicitors dealt with. Consequently, lenders have regularly sought more information from law firms regarding their operations and the individuals who work for them and establishing certain criteria such a completing on a minimum amount of conveyancing. Many Frodsham conveyancing firms that have been excluded from lender panels have Unblemished track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Frodsham is one of the hundreds of locations where the conveyancers we recommend are members of the panel for Chelsea Building Society.
How does conveyancing in Frodsham differ for new build properties?
Most buyers of new build residence in Frodsham approach us having been asked by the builder to exchange contracts and commit to the purchase even before the property is ready to move into. This is because developers in Frodsham tend to buy the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Frodsham or who has acted in the same development.
I am looking for a ground for flat up to £195,000 and identified one round the corner in Frodsham I like with open areas and transport links in the vicinity, however it only has 61 remaining years left on the lease. There is not much else in Frodsham for this price, so just wondered if I would be making a mistake acquiring a short lease?
If you require a home loan that many years will likely be a potential deal breaker. Discount the price by the amount the lease extension will cost if it has not already been discounted. If the current owner has owned the property for at least twenty four months you may ask them to commence the lease extension formalities and then assign it to you. An additional ninety years can be extended on to the existing lease with a zero ground rent applied. You should speak to your conveyancing lawyer regarding this matter.
Is it best to instruct a Frodsham conveyancing solicitor based in the vicinity that I am buying? We have a good friend who can execute the legal work however his firm is located approximately 350miles away.
The benefit of a high street Frodsham conveyancing firm is that you can attend the office to sign paperwork, hand in your ID and apply pressure on them where appropriate. They will also have local insight which is a plus. However it's more important to get someone that will pull out all the stops for you. If other friends have instructed your friend and on the whole were impressed that should trump using an unknown Frodsham conveyancing solicitor solely due to them being local.
I have read on numerous consumer advice websites that when selecting a conveyancing solicitors they must be approved by your mortgage company. It happens to be my first home move but I have an offer in principle with Halifax and I already have a bricks and morter conveyancing solicitor in Frodsham on standby. Will HSBC insist on an approved conveyancer to be instructed? If so, where can I find that list so I can choose a conveyancing solicitor in Frodsham?
You should instruct a solicitor that is on the HSBC panel. Simply telephone your chosen Frodsham conveyancing solicitor and ask if they are on the HSBC panel. If they are not on the panel you have numerous choices available to you here:
- Proceed with your chosen Frodsham conveyancing practitioner but HSBC will need to use a solicitor on their approved list. The net result is additional fees and likely frustration.
- Appoint a fresh lawyer to conduct the conveyancing, obviously checking they are on the HSBC conveyancing panel.
- Convince your property lawyer to do everything within their powers to get listed on the HSBC conveyancing panel.