Me and my partner are intending to buy a 2 bedroom apartment in Malden with a mortgage. We have a Malden solicitor, however the lender advise she’s not on their "panel". We have to appoint one of the bank panel firms or keep our Malden conveyancing practitioner and pay for one of their panel lawyers to act for them. This feels very unfair; can we not insist that the bank use our Malden solicitor ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’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. A further alternative is for your Malden conveyancing solicitor to apply to be on the conveyancing panel.
In what way does my ID and proof of funds have anything to do with my conveyancing in Malden? What am I being asked for?
Anti-terror and anti-money-laundering laws require solicitors and licensed conveyancers to verify the identification documents of the potential client they are dealing with prior to agreeing to accepting their conveyancing instruction. The Terms and Conditions that you need to sign should confirm this. Your lawyer also has obligations to obtain certain documents in accordance with the CML Lenders Handbook requirements last updated on 1st December 2014. Where you are unwilling to supply identification documents, your conveyancer can not take you on as a client.
My uncle passed away 10 months ago and as sole heir and executor I was left the property in Malden. The house had a small mortgage remaining of approximately £8000. I want to transfer the title deeds into my name whilst I re-mortgage to Principality, pay off the mortgage. Is this allowed?
Given you plan to re-mortgage then Principality will insist on your using a conveyancer on the Principality conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Principality conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Principality mortgage is registered as a charge at the Land Registry.
When it comes to mortgage companies such as Co-operative, do Malden property lawyers have to pay a fee to be on the conveyancing panel?
We are not aware of any bank fees to register on their panel, although some do charge an administration fee to deal with the processing of the conveyancing panel submission.
UBS have agreed my home loan in principle, my bid on a apartment in Malden has been agreed to, what are the next steps?
The estate agent will need to know who your solicitors are (be sure the conveyancers are on the lender’s panel). Call up UBS or the financial adviser and complete any appropriate paperwork. UBS will instruct a valuer who will get in contact with the estate agent or seller to book an appointment. Once carried out (assuming no problems) it takes about ten days to get a mortgage offer. UBS will send the offer to you and your property lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Malden.
I have finally had an offer on an apartment in Malden agreed to, the sellers do however have a connected purchase. The sellers have placed an offer on a flat, however it’s not yet tied up, and are looking at other flats booked. I have instructed a nearby conveyancing solicitor in Malden. What should be my next step? At what stage should I apply for the mortgage with Clydesdale?
It is usual to have anxieties where there is a chain as you are unlikely to want to incur costs prematurely (mortgage application is approx one thousand pounds, then valuation, Malden conveyancing search charges, etc). The first thing to do is check that your conveyancer is on the Clydesdale approved list. Regarding the subsequent steps this very much dictated by the specifics of your case, attraction to this property and on the state of the market. During a rising market some buyers would apply for a home loan with Clydesdale and pay for the valuation and only if it was satisfactory would they request their conveyancing practitioner to proceed with the conveyancing in Malden.
As co-executor for the estate of my uncle I am selling a residence in Monmouth but live in Malden. My conveyancer (approximately 260 kilometers from mehas requested that I execute a statutory declaration before the transaction finalising. Could you suggest a conveyancing lawyer in Malden who can attest this legal document for me?
strictly speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or qualified solicitor will do regardless of whether they are Malden based
We are in the process of purchasing a flat in Malden. Conveyancing is not over but we wish to keep the amount we are are purchasing for confidential from sites such as Rightmove. Is this achievable and how?
HMLR as a matter of law required to note price sold data on a register of the title for domestic properties countrywide which includes properties in Malden. The register of title is a public document, so the Land Registry would be breaching their statutory duty if they failed to permit access to the register.
You can ask HM Land Registry to hide the amount paid data however the response would be a No.