Me and my partner are intending to buy a 3 bedroom flat in Nayland with a mortgage. We wish to retain our Nayland lawyer, but the mortgage company says he's not on their "panel". It seems we have no choice but to instruct one of the bank panel conveyancing practices or continue with our Nayland solicitor as well as pay for one of their panel firms to act for them. This feels very unfair; 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 lender’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. Another option that might be available is for your Nayland conveyancing solicitor to apply to be on the conveyancing panel.
We are acquiring our first property. Our conveyancing practitioner has contact usto enquire if we want to take out additional conveyancing searches. As novices we have no idea as to what's relevant for conveyancing in Nayland
The range of Nayland conveyancing searches depends entirely on the property, the location, the likelihood of any of these risks, your familiarity of the area and risks, your general appetite to risk. What matters is that you properly comprehend what information the searches could provide. You may then make a decision if you consider that you need that information. Where you are uncertain, ask your conveyancing practitioner to guide you.
It is a dozen years since I purchased my property in Nayland. Conveyancing lawyers have just been appointed on the sale but I am unable to find my deeds. Is this a problem?
Don’t worry too much. First there is a possibility that the deeds will be with your lender or they may be in the possession of the lawyers who handled your purchase. Secondly the likelihood is that the property will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors procuring up to date copy of the land registers. Nearly all conveyancing in Nayland involves registered property but in the rare situation where your home is unregistered it adds to the complexity but is not insurmountable.
Can you clarify what the consequences are if my solicitor is expelled from the Co-operative Solicitor panel ahead of completing my conveyancing in Nayland?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
I am looking for a ground for flat up to £235,500 and found one round the corner in Nayland I like with a park and station in the vicinity, the downside is that it's only got 49 years on the lease. There is not much else in Nayland suitable, so just wondered if I would be making a grave error purchasing a lease with such few years left?
If you need a home loan that many years may be an issue. Reduce the price by the expected lease extension will cost if not already taken into account. If the existing owner has owned the premises for at least twenty four months you may request that they start the process of the extension and then assign it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should consult your conveyancing solicitor concerning this matter.
As co-executor for the will of my grandfather I am selling a property in Newport but live in Nayland. My conveyancer (who is 260 kilometers from meneeds me to sign a stat dec prior to the transaction finalising. Could you suggest a conveyancing practitioner in Nayland to witness and place their company stamp on the document?
Technically speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will suffice regardless of whether they are located in Nayland