Me and my fiance are purchasing a 1 bedroom apartment in Malmesbury with a mortgage. We would like to retain our Malmesbury solicitor, but the mortgage company says she’s not on their "panel". We have to appoint one of the lender panel conveyancing practices or retain our Malmesbury conveyancer and pay for one of their panel firms to represent them. We regard this is inequitable; is there anything we can do?
No, not really. Your mortgage offer 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 Malmesbury conveyancing lawyer to apply to be on the conveyancing panel.
My husband and I are only a couple days away from an exchange on a property in Malmesbury and my parents have transferred the 10% deposit to my conveyancing practitioner. I am now advised that as the deposit has not come from me my property lawyer needs to make a notification to my lender. I am advised that, in also acting for the bank he must advise them that the balance of the purchase price is not just from me. I informed the lender regarding my parents' contribution when I applied for the mortgage, so is it really appropriate for this now to delay the deal?
The conveyancing practitioner is obliged to clarify with the bank to make sure that they are aware that the balance of the purchase price is not from your own funds. Your solicitor can only report this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.
I just acquired a house at auction in Malmesbury. Conveyancing is required. What are my next steps?
Now that you are for in every practical sense signed on the dotted line you should find a conveyancing lawyer quickly as you now have a pending a fixed date to complete the transaction. All auction property will ordinarily have a bespoke auction set of papers. This will likely include the copy title deeds, local authority and drainage searches. Where you are dealing with leasehold premises the legal pack should contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork relating to a leasehold property. You must pass this on to the conveyancer instructed by you as soon as possible. You also need to ensure that your finances are in order to complete the transaction on the set completion date.
We are getting the release of further funds on our mortgage from Yorkshire BS as we wish to carry out improvements to our house in Malmesbury. Are we obliged to appoint a nearby Malmesbury solicitor on the Yorkshire BS conveyancing panel to deal with the legals?
Yorkshire BS would not normally appoint a member of their approved list of lawyers to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Yorkshire BS list.
I am selling my flat. I had a double glazing fitted in November 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Co-operative are being a right pain. The Malmesbury solicitor who is on the Co-operative conveyancing panel is recommending indemnity insurance as a solution but Co-operative are insisting on a building regulation certificate. Why do Co-operative have a conveyancing panel if they don't accept advice from them?
It is probably the case that Co-operative have referred the matter to their valuer. The reason why Co-operative may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I need some fast conveyancing in Malmesbury as I have a deadline to complete inside 2 weeks. Fortunately I do not need a mortgage. Is it possible to decline from having conveyancing searches to save money and time?
If.Given you are are a cash buyer you are at free not to do searches although no law firm would advise that you don't. Drawing on years of experience of conveyancing in Malmesbury the following are examples of what can show up and adversely affect future saleability: Enforcement Actions, Overdue Fees, Overdue Grants, Railway Schemes,...
Are there restrictive covenants that are commonly identified as part of conveyancing in Malmesbury?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Malmesbury. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
About to purchase a new build flat in Malmesbury. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Malmesbury
Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please confirm the Lease plans are surveyor prepared. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.