Our conveyancer has identified a defect with the lease for the flat we are buying in Mottingham. The other side have put forward defective title insurance as a workaround. We are happy with insurance and will pay for it. Our property lawyer says that he must ensure that the lender is content with this solution. Who is the client here, us or the mortgage company ?
Even though you have a mortgage offer from the mortgage company does not mean to say that the property will meet their provisions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the mortgage company are the client. The appropriate lender provisions have to be complied with.
Completed the sale of my flat in Mottingham last August but our buyer keeps telephoning every few hours to moan that their conveyancer needs to hear from myconveyancer. What are the post completion sale legalities now that I have sold?
After completion of your house sale your solicitor should send the transfer documentation and all supplemental paperwork to the purchaser's conveyancer. Depending on the transaction, your conveyancer must also evidence that the legal charge in favour of the lender has been repaid to the purchasers solicitors. There is unlikely to be post completion formalities unique to conveyancing in Mottingham.
In looking at online forums for an affordable lawyer in Mottingham, most advise that I should look for a CQS accredited solicitor. 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. Four years ago the Conveyancing Quality Scheme was officially recognised by the Council of Mortgage Lenders (CML). The scheme does not cover licenced conveyancers. Mottingham is one of the numerous areas of the UK where there are Accredited solicitors.
I am being told by my solicitor that lack of building regulations insurance is required on my purchase. What is the typical level of cover needed for conveyancing in Mottingham?
The right level of lack of building regulations indemnity insurance depends on who your lender is. It would differ for example between Barclays and The Royal Bank of Scotland. Conveyancing lawyers as opposed to borrowers take out such policies.
Can you point me to a directory of Clydesdale panel solicitors in Mottingham on the Building Society Association’s Website?
No. There is no such facility on the CML or Building Society Association sites. Very few banks make their panel listings available online. Where you are in need of a Mottingham conveyancer on the Clydesdale please make the most of our facility.
I have today made my last payment due on my mortgage with Principality. I assume I don't need a Mottingham property lawyer on the Principality panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Principality 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 Principality mortgage from the register. Principality, 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 Principality has sent the Land Registry the discharge electronically, and
- Principality has instructed the Land Registry to do so
I have justbecome aware that Stirling Law have closed. They carried out my conveyancing in Mottingham for a purchase of a freehold house 12 months ago. How can I check that the property is not still registered in the name of the previous owner?
The quickest way to see if the premises is registered to you, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Mottingham conveyancing specialists.
How does conveyancing in Mottingham differ for new build properties?
Most buyers of new build residence in Mottingham contact us having been asked by the seller to sign contracts and commit to the purchase even before the residence is finished. This is because new home sellers in Mottingham tend to acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Mottingham or who has acted in the same development.