My solicitor has identified a defect with the lease for the flat we are buying in Moss Nook. The seller’s lawyers have put forward defective title insurance as a workaround. We are content with insurance and will pay for it. Our lawyer says that he must check that the mortgage company is happy with this solution. Who is the client here, us or the mortgage company ?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancer will have no choice but to discontinue acting for you.
Finally the sale completed on my house in Moss Nook last April but the buyer keeps Skype messaging every few hours to say her conveyancer needs to hear from mine. What should have happened following completion?
Following your house sale your lawyer is committed to forward the transfer documentation and all additional paperwork to the purchaser's conveyancer. Where relevant, your lawyer should also evidence that the legal charge in favour of the lender has been discharged to the buyers lawyers. There are no post completion tasks peculiar conveyancing in Moss Nook.
I am buying a semi-detached house in Moss Nook. How practical is it for me to do the conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Moss Nook you will have to appoint a solicitor on your mortgage company's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Moss Nook.
We are buying a 3 bedroom semi in Moss Nook. The intention is to carry out a loft conversion at the house.Will legal conveyancing on the property involve investigations to determine if these alterations are allowed?
Your solicitor will check the deeds as conveyancing in Moss Nook will sometimes reveal restrictions in the title documents which restrict categories of works or need the permission of a 3rd party. Some works call for local authority planning consent and approval in accordance building regulations. Certain locations are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be prudent to check these things with a surveyor ahead of any purchase.
When it comes to lenders such as Skipton, do Moss Nook lawyers incur an annual charge to be on the list of approved solicitors?
We are unaware of any bank fees to be on their list of approved firms, although some do charge an administration charge to deal with the processing of the conveyancing panel submission.
I am selling my apartment. I had a double glazing fitted in January 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Clydesdale are being difficult. The Moss Nook solicitor who is on the Clydesdale conveyancing panel is recommending indemnity insurance as a solution but Clydesdale are requiring a building regulation certificate. Why do Clydesdale have a conveyancing panel if they don't accept advice from them?
It is probably the case that Clydesdale have referred the matter to their valuer. The reason why Clydesdale 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 decided to have a survey carried out on a house in Moss Nook before appointing lawyers. I have been told that there is a flying freehold overhang to the property. Our surveyor has said that some mortgage companies will refuse to give a mortgage on such a house.
It varies from the lender to lender. HSBC has different instructions from Nationwide. If you e-mail us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Moss Nook. Conveyancing will be smoother if you use a solicitor in Moss Nook especially if they are familiar with such properties in Moss Nook.
Partway through the sale of a leasehold flat in Moss Nook. Conveyancing is fine but we are being charged an extortionate amount by the freeholder. So far we have paid £268 for a leasehold management information and then another £118 for supplemental questions supplied by the purchaser's property lawyer.
Your conveyancing practitioner will unlikely have any sway over the extent of the bill for this information but the average costs for the information for Moss Nook leasehold premises is £395. For Moss Nook conveyancing deals it is customary for the owner to cover the charges. The freeholder or their agents are not duty bound to address such questions most will agree to do so - albeit often at exorbitant prices disproportionate to the work involved. Unfortunately there is no law that mandates fixed charges for administrative tasks. Neither is there any set time frame by which they are duty bound to issue answers.