We are purchasing a 2 bedroom apartment in Hatfield with a mortgage. We have a Hatfield solicitor, but the lender advise she’s not on their "panel". We have to appoint one of the mortgage company panel solicitors or keep our Hatfield solicitor as well as pay for one of their panel ones to represent them. This feels 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 lender’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 Hatfield conveyancing lawyer to apply to be on the conveyancing panel.
Last December we completed a house move in Hatfield. We have noticed several problems with the house which we suspect were missed in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that needed to have been ordered as part of conveyancing in Hatfield?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Hatfield. Conveyancing searches and due diligence initiated during the legal transfer of property are carried out to help avoid problems. As part of the legal transfer of property, the vendor fills in a form known as a SPIF. If the information ends up being misleading, you may have a misrepresentation claim against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Hatfield.
Having sold my house in Hatfield last May yet the purchaser is Skype messaging daily complaining that their lawyer needs to hear from myconveyancer. What are the post completion sale legalities now that I have sold?
Post completion of your house sale your lawyer is committed to deliver the transfer documentation and all of the paperwork to the purchaser's solicitors. Depending on the transaction, your conveyancer must also send confirmation that the legal charge in favour of the lender has been repaid to the purchasers solicitors. There is unlikely to be post completion formalities unique to conveyancing in Hatfield.
We are buying a flat in Hatfield. I might seem paranoid but how we can trust a lawyer? On the day of competition we will need to send money into their account. What protection do we have from them run away with our monies?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
When it comes to lenders such as Nottingham, do Hatfield solicitors face an annual charge to be on the list of approved solicitors?
We are unaware of any lender fees to register on their list of approved firms, although some do charge an administration fee to deal with the processing of the conveyancing panel application.
I have today made my last payment due on my mortgage with Yorkshire BS. I assume I don't need a Hatfield conveyancer on the Yorkshire BS panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Yorkshire BS 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 Yorkshire BS mortgage from the register. Yorkshire BS, 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 Yorkshire BS has sent the Land Registry the discharge electronically, and
- Yorkshire BS has instructed the Land Registry to do so
Over the last few months I have been searching for a leasehold apartment up to £305k and found one round the corner in Hatfield I like with open areas and railway links nearby, the downside is that it only has 51 years on the lease. I can't really find anything else in Hatfield suitable, so just wondered if I would be making a mistake buying a lease with such few years left?
Should you require a mortgage that many years will be a potential deal breaker. Reduce the offer by the anticipated lease extension will cost if not already taken into account. If the current owner has owned the property for at least twenty four months you could ask them to commence the lease extension formalities and pass it to you. You can add 90 years to the existing lease and have £0 ground rent by law. You should consult your conveyancing solicitor about this.
Is it true that a Hatfield conveyancing firm has court proceedings brought against them by clients for not carrying out the right conveyancing searches?
We are not aware of such a Hatfield conveyancing claim but according to a recent report, clients acquiring a property in Cumbria successfully won a case against their conveyancer due to development permission to build a wind farm not being identified in conveyancing searches.
Where you are purchasing in Hatfield It is important that your lawyer purchase all Hatfield conveyancing searches necessary making sure that you have relevant and up to date information before acquiring a property.