The Leigh conveyancing firm handling our Leigh conveyancing has discovered a difference between the assumptions in the home valuation survey and what is revealed within the conveyancing documents. My solicitor says that he needs to check that the bank is OK with this discrepancy and is content to go ahead. Is my lawyer’s stance legitimate?
Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook provisions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
My husband and I wish to acquire a newbuild flat in Leigh with a loan from Chelsea Building Society.We like our Leigh conveyancing solicitor but Chelsea Building Society says his firm is not listed on their "panel". we are left little option but to use a Chelsea Building Society panel firm or retain our high street solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; is there anything we can do?
No, not really. The loan issued to you contains various provisions, a common one being that solicitors will be on the Chelsea Building Society approved list. in the past, most mortgage companies 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 solicitors to apply to be on the conveyancing panel for Chelsea Building Society
We are getting the release of further funds on our mortgage from Yorkshire BS as we wish to carry out alterations to our house in Leigh. Do we need to choose a nearby Leigh solicitor on the Yorkshire BS conveyancing panel to deal with the legals?
Yorkshire BS do not ordinarily instruct a member of their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Yorkshire BS panel.
We were going to get a AIP from Bank of Ireland this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Bank of Ireland recommend any Leigh solicitors on the Bank of Ireland conveyancing panel, or is it better to go independently?
You will need to appoint Leigh solicitors independently although you'll need to choose one on the Bank of Ireland conveyancing panel. The solicitor represents both you and Bank of Ireland through the process.
I have instructed a Leigh conveyancing practitioner having made sure that they are on the Nottingham conveyancing panel. Does my lawyer arrange the survey of the property?
Nottingham will need an independent valuation of the property. Your lawyer will not arrange this. Usually Nottingham 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 conveyancer 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 Leigh postcode. As you are getting a mortgage with Nottingham, you could contact them to see if they have a list of approved surveyors in Leigh.
Me and my brother own a terraced Victorian property in Leigh. Conveyancing lawyer represented me and Accord Mortgages Ltd. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, the second leasehold under the exact same address. Is it worth asking Accord Mortgages Ltd to clarify?
You should read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Leigh and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with lenders. You can also question the position with the conveyancing solicitor who conducted the conveyancing.
Yesterday I discovered that there is a flying freehold element on a property I have offered on a fortnight ago in what should have been a straight forward, chain free conveyancing. Leigh is where the house is located. Can you shed any light on this issue?
Flying freeholds in Leigh are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Leigh you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Leigh may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
Is it best to go with a Leigh conveyancing practitioner in close proximity to the house I am purchasing? We have a good friend who can execute the legal formalities however his firm is located 300kilometers drive away.
The benefit of a local Leigh conveyancing practice is that you can drop in to sign documents, present your identification documents and pester them where appropriate. Having local Leigh know how is a plus. However nothing is more important than finding someone that will pull out all the stops for you. If you know people who used your friend and they were happy that must trump using an unknown Leigh conveyancing lawyer solely due to them being based in the area.