Much to our surprise we have been told by our mortgage broker that my Mirfield property lawyer is not on the mortgage company Solicitor panel. How can I be certain whether this is indeed the case?
The first thing you need to do is to contact your Mirfield lawyer directly. You lawyer should inform you what has happened. Where they are not on the panel they could put your in touch with solicitors on the conveyancing panel for your mortgage company.
Would the conveyancing practitioners identified via your search tool execute auction conveyancing in Mirfield?
We know of a few auction practitioners we can put you in touch with those conducting auction conveyancing. Mirfield is one of hundreds of areas of where our lawyers have offices.
We are getting the release of further monies on our mortgage from Yorkshire BS as we wish to carry out a loft conversion to our home in Mirfield. Do we need to appoint a bricks and mortar Mirfield solicitor on the Yorkshire BS conveyancing panel to deal with the legals?
Yorkshire BS don't usually instruct a member of their conveyancing panel to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Yorkshire BS panel.
I have paid off my mortgage with Aldermore. I assume I don't need a Mirfield property lawyer on the Aldermore panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Aldermore mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Aldermore mortgage from the register. Aldermore, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Aldermore has sent the Land Registry the discharge electronically, and
- Aldermore has instructed the Land Registry to do so
I can not work out if my lender requires a lease extension. I have telephoned my Mirfield bank branch on a couple of occasions and was reassured it wasn't a problem and they will lend. My Mirfield conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they would not lend based on their specific requirements. I have no idea who is right.
Your property lawyer has to follow the CML Handbook section two specifications for your lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
Should my solicitor be raising questions about flooding during the conveyancing in Mirfield.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Mirfield. Some people will acquire a property in Mirfield, fully aware that at some time, it may be flooded. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to offer advice on flood risk, but there are a numerous searches that can be initiated by the buyer or on a buyer’s behalf which will figure out the risks in Mirfield. The standard property information forms sent to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the vendor to find out whether the premises has suffered from flooding. In the event that the residence has been flooded in past and is not revealed by the vendor, then a purchaser may issue a legal claim for losses resulting from an incorrect reply. A buyer’s conveyancers may also order an environmental report. This will reveal whether there is any known flood risk. If so, further inquiries will need to be initiated.
I am buying a new build apartment in Mirfield. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Mirfield
Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
My wife and I have selected a Mirfield conveyancing solicitor for our house purchase (FTB’s) and have spotted in the Ts and Cs that they are not governed by the FCA. Should I be worried or is that standard with solicitor?
We can't see why they should be. Most property lawyer don't lend money. They will be governed by the Solicitors Regulation Authority, who set specific rules in relation to amounts sitting by them.