My wife and I are planning to purchase a 1 bedroom flat in Harwich with a mortgage. We wish to retain our Harwich lawyer, however the bank says he's not on their "panel". We have to appoint one of the lender panel solicitors or continue with our Harwich conveyancing practitioner as well as pay for one of their panel firms to act for them. This seems very unfair; is there anything we can do?
No, not really. Your mortgage offer 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. A further alternative is for your Harwich conveyancing lawyer to apply to be on the conveyancing panel.
I happen to be the only recipient of my late mum's will and I have everything in my name alone, including the my former home in Harwich. Conveyancing formalities meant that the Land Registry date was in May. I now wish to sell up. I do know about the CML six month 'rule', meaning my proprietorship may be treated the same way as if I'd bought the property in May. Do I have to wait half a year to sell?
The Council of Mortgage Lenders’ handbook obliges conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be impacted by that. Some lenders would take a sensible view as this provision primarily exists to pick up on the purchase and immediately sell or the quick reselling of properties.
I can not fathom if my mortgage offer requires a lease extension. I have called into my local Harwich building society branch on various occasions and was told it does not affect the mortgage offer and they would lend. My Harwich conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they would not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
As long as the conveyancer is on the lender panel, she or he must follow the Council of Mortgage Lenders’ Handbook conditions for the lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
Having digested plenty of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Harwich solicitor - who is on the Virgin Money conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Virgin Money will need an independent valuation of the property. Your lawyer will not arrange this. Usually Virgin Money 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 solicitor 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 Harwich postcode. As you are getting a mortgage with Virgin Money, you could contact them to see if they have a list of approved surveyors in Harwich.
Are there restrictive covenants that are commonly identified as part of conveyancing in Harwich?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Harwich. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I am looking for a ground for flat up to £245,000 and found one round the corner in Harwich I like with a park and railway links nearby, however it only has 49 years on the lease. There is not much else in Harwich for this price, so just wondered if I would be making a mistake acquiring a short lease?
Should you require a mortgage that many years will be problematic. Reduce the offer by the amount the lease extension will cost if it has not already been discounted. If the current proprietor has owned the premises for a minimum of twenty four months you may ask them to commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the current lease with a zero ground rent applied. You should speak to your conveyancing lawyer about this matter.
I am looking to sell my home. My previous conveyancers closed down. I would be grateful for any recommendation of a conveyancing firm. Im based in Harwich if that makes a difference.
Do use our search tool to help you find a solicitor for your conveyancing in Harwich. We have connected thousands of home buyers and sellers with lender approved solicitors to ensure that the legalities of their house move goes with a minimum of fuss.
If instructed can a conveyancer remove someone from the title of my home in Harwich ?
Extracting or adding someone to the title of your home is relatively straightforward. You’ll need to appoint a solicitor to discuss your legal rights before you can proceed with a transfer of property. Contact us to book a free consultation with one a conveyancing practitioner