Am I correct in assuming that the fact that my conveyancer in Marks Gate is not on my mortgage company's conveyancing panel that there is a problem with the standard of the firm’s conveyancing?
It would be unwise to jump to that conclusion. There are plenty of reasonable explanations. Just recently a report by the solicitors regulator revealed 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) lack of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Marks Gate conveyancing firm and enquire why they are no longer on the approved list for your bank.
It is 10 years ago since I acquired my house in Marks Gate. Conveyancing solicitors have now been appointed on the sale but I can't locate my title deeds. Will this jeopardise the sale?
Don’t worry too much. Firstly there is a chance that the deeds will be retained by your mortgage company or they could be in the possession of the solicitor who handled your purchase. Secondly the likelihood is that the property will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers obtaining up to date copy of the land registers. The vast majority of conveyancing in Marks Gate involves registered property but in the rare situation where your property is not registered it adds to the complexity but is resolvable.
In reviewing moneysavingexpert.com for a recommended solicitor in Marks Gate, most advise that I should use a CQS kitemarked lawyer. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in the legal transfer of properties, trusted by some of the UK's major mortgage companies. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Association of British Insurers (ABI). The scheme does not cover licenced conveyancers. Marks Gate is one of the many areas in England and Wales where there are CQS lawyers.
Forgive me if this question is silly but I am wet behind the ears as a first time buyer of a garden flat in Marks Gate. Do I collect the keys to the house on completion from my lawyer? If this is the case, I will appoint a High Street conveyancing solicitor in Marks Gate?
There is no need to visit the lawyers office on the day of completion. Your solicitors will transfer the completion advance to the owner’s lawyers, and shortly after the monies have arrived, you will be able to collect the keys from the Estate Agents and move into your new home. Usually this happens early afternoon.
Are all Marks Gate Conveyancing Quality Solicitors on the Kent Reliance conveyancing list of approved practices?
Some major lenders now utilise CQS as the starting point for Panel membership such as HSBC and Santander. CQS membership however gives no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to join their approved list of conveyancing solicitors.
I have decided to exercise my right to buy my property in Marks Gate off the council. I have a mortgage offer with TSB. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with TSB, you will need to appoint a solicitor on the TSB conveyancing panel.
Just had an offer accepted on a new build apartment in Marks Gate. 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 is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Marks Gate
-
Forfeiture - bankruptcy or liquidation must not apply under this provision. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
I need to instruct a conveyancing solicitor in Marks Gate for my purchase. Is it possible to see a solicitor's record with the legal regulator?
You can read documented Solicitor Regulator Association (SRA) determinations resulting from inquisitions commenced on or after Jan 2008. Visit Check a solicitor's record. For records Pre 2008, or to check a firm's record, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, call +44 (0)121 329 6800. The SRA could monitor call for training purposes.
