Can you clarify what the consequences are if my lawyer’s firm is suspended from the Santander Conveyancing panel ahead of completing my conveyancing in Heysham?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
My partner and I have arranged the release of further funds on our mortgage from Nationwide as we want to conduct alterations to our house in Heysham. Are we obliged to choose a local Heysham solicitor on the Nationwide conveyancing panel to handle the legals?
Nationwide do not ordinarily instruct a member of their approved list of lawyers to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Nationwide conveyancing panel.
I have paid off my mortgage with Clydesdale. I assume I don't need a Heysham solicitor on the Clydesdale panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Clydesdale 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 Clydesdale mortgage from the register. Clydesdale, 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 Clydesdale has sent the Land Registry the discharge electronically, and
- Clydesdale has instructed the Land Registry to do so
The formalities of my remortgage has taken place for my property in Heysham. Conveyancing was satisfactory but I would like to complain about the lender. How do I make a complaint?
Almost all lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Team at head office. Ordinarily complaints to a lender are sorted out very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
Will our conveyancer be asking questions concerning flooding as part of the conveyancing in Heysham.
Flooding is a growing risk for solicitors dealing with homes in Heysham. There are those who acquire a house in Heysham, fully expectant that at some time, it may suffer from flooding. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Conveyancers are not best placed to impart advice on flood risk, but there are a numerous checks that can be undertaken by the buyer or by their solicitors which should figure out the risks in Heysham. The standard completed inquiry forms sent to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a standard question of the vendor to discover whether the property has historically flooded. In the event that the residence has been flooded in past and is not disclosed by the vendor, then a buyer may commence a claim for damages as a result of such an misleading response. The purchaser’s conveyancers may also commission an enviro report. This will disclose if there is a recorded flood risk. If so, further investigations should be made.
The deeds to my home are lost. The lawyers who dealt with the conveyancing in Heysham 5 years ago have long since closed. What are my options?
Assuming the title is registered the information relating to your ownership will be recorded by the Land Registry under a Title Number. It is possible to execute a search at the Land Registry, find your property and get up to date copies of the Registered Entries for a small fee. If the property is Leasehold then the Land Registry will usually retain a file duplicate of the Registered Lease and again, a copy can be ordered for twenty pounds.
Do I need to be suspicious about estate agents that I am dealing with are recommending a web based conveyancing firm rather than a local Heysham conveyancing practice?
As with lots of service providers, often suggestions from family and friends can be worth their weight in gold. Yet there are numerous players in a conveyancing matter; estate agents, financial adviser and lenders might all put forward solicitors to appoint. On occasion the conveyancers might be known to one of the organisations as one of the best in their field, but sometimes there exists a financial incentive behind the endorsement. You are at liberty to choose your preferred conveyancer. Don't forget that the majority of mortgage providers operate an approved list of lawyers you have to use for the lender related work in your house move.
My husband and I are one month into a residential purchase having been directed to a firm by the selling agent to execute conveyancing in Heysham. I am am very disappointed with the quality of service. Can you help me find new conveyancers?
A lawyer would need to be really poor to suggest replacing them. Has the mortgage offer been sent? If so you must inform them of the new contact details and ensure the offer are re-sent. The solicitor ideally needs to be on the lenders panel to avoid escalating expenses and frustration. So that should be your starting point. The find a solicitor tool should help you find a lender approved conveyancer for your home move in Heysham