My wife and I are hoping to purchase a house in Kelsall and are in fact using a Kelsall conveyancing practice. Within the last couple of days our lawyer has sent a preliminary report and documents to look through with the expectation that exchange is imminent. Lloyds TSB Bank have this morning contacted us to inform me that they have now hit a problem as our Kelsall lawyer is not on their approved list of lawyers. What do we do from here?
When purchasing a property with the benefit of a mortgage it is usual for the purchasers' solicitors 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 bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel and you may continue to use your own Kelsall solicitors, in which case it will likely add costs, and it may delay matters as you have another set of people involved.
My partner and I swapping mortgage lender for our apartment in Kelsall with Principality. We have a son 18 who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the apartment is forfeited by the lender. I have a couple of concerns (1) Is this document specific to the Principality conveyancing panel as he never had to sign this form when we remortgaged 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Principality. This is solely used to protect Principality if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Principality had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
Completed the sale of my flat in Kelsall last June yet the purchaser is telephoning daily complaining that his solicitor needs to hear from mine. What are the post completion sale legalities following completion?
Post completion of your house sale your lawyer should forward the transfer documentation and all of the paperwork to the purchaser's solicitors. Depending on the transaction, your lawyer should also evidence that the mortgage has been repaid to the purchasers conveyancers. There are no post completion requirements unique to conveyancing in Kelsall.
Is it necessary during the course of the conveyancing process to have a meeting at the offices of the solicitor to sign the mortgage deed? If so, I will choose one who does conveyancing in Kelsall so that I can pop in to their offices if necessary.
Whereas this was necessary 15 years ago, most lenders no longer oblige their conveyancing panel lawyer to witness the borrowers signature. You will still be obliged to supply ID documents and there are still distinct benefits to choosing a local solicitor, in your situation a conveyancing solicitor in Kelsall.
Do commercial conveyancing searches reveal impending roadworks that could affect a commercial land in Kelsall?
Its becoming the norm that commercial conveyancing solicitors in Kelsall will conduct a SiteSolutions Highways report as it dramatically cuts the time that conveyancers spend in investigating accurate data on highways that impact buildings and development assets in Kelsall. The search result sets out definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Kelsall.
For every commercial conveyancing transaction in Kelsall it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately may cause delays to Kelsall commercial conveyancing transactions as well as present a risk to future intentions for the site. These searches are not conducted for domestic conveyancing in Kelsall.
I used Arc property Solicitors several years past for my conveyancing in Kelsall. Now, I need the files but the law firm has closed. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Kelsall of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.