I am getting a mortgage offer from Nat West. I hope to instruct a Licensed Conveyancer in Kent. Does the Nat West Solicitor panel include Licensed Conveyancers?
The Nat West approved solicitor list is, like many other lenders, represented by the Council or Mortgage Lenders or BSA, open to Licensed Conveyancers regulated by the Council of Licensed Conveyancers.
Last September we completed a house move in Kent. We have since encountered a number of issues with the property which we consider were missed in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that should have been carried out for conveyancing in Kent?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Kent. Conveyancing searches and investigations undertaken as part of the buying process are carried out to help avoid problems. As part of the legal transfer of property, the vendor answers a questionnaire known as a SPIF. answers ends up being inaccurate, then you may have a claim against the seller 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 Kent.
It is a dozen years since I bought my house in Kent. Conveyancing solicitors have recently been appointed on the sale but I can't find the deeds. Is this a major issue?
You need not be too concerned. First there is a chance that the deeds will be with the mortgage company or they could be in the possession of the solicitor who handled your purchase. Secondly the chances are that the land will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. Almost all conveyancing in Kent relates to registered property but in the unlikely event that your property is unregistered it adds to the complexity but is resolvable.
I had intended to instruct a conveyancing solicitor in Kent for our house move. Our financial adviser has since advised us that our mortgage company Santander won't deal with them. Why is this not regarded as unduly restrictive?
Banks in the main restrict either the category or the number of conveyancing practices on their member panel. Typical examples of such criteria being that a law practice must have two or more partners. In addition to restricting the profile of firm, a few banks have limited the amount of firms they permit to act for them. Be aware that Santander have no responsibility for the quality of advice provided by any member of Santander Conveyancer Panel. Mortgage fraud was a primary driver in the rationalisation of conveyancing panels a few years ago even though there are mixed views regarding the level of solicitor engagement in some of that fraud. Data from the Land Registry indicate that plenty of law firms, including some in or near Kent only perform one or two conveyances a year.
I am buying my first flat in Kent with the aid of help to buy. The sellers would not move on the price so I negotiated £7000 of additionals instead. The property agent told me not disclose to my lawyer about this side-deal as it may affect my loan with the lender. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I am looking for a flat up to £245,000 and identified one near me in Kent I like with a park and transport links nearby, however it's only got 51 years unexpired on the lease. I can't really find anything else in Kent in this price bracket, so just wondered if I would be making a grave error acquiring a short lease?
If you require a mortgage the shortness of the lease will likely be problematic. Discount the price by the expected lease extension will cost if it has not already been discounted. If the current proprietor has owned the premises for a minimum of 2 years you can ask them to start the process of the extension and pass it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor about this.