Am I correct in assuming that the fact that my solicitor in Nelson is not identified on my mortgage company's solicitor panel that there is a problem with the standard of the firm’s conveyancing?
That is more than likely a wrong assumption to make. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator indicated that over three quarters 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 simply call the Nelson conveyancing firm and ask them why they are no longer on the approved list for your bank.
Finally the sale completed on my house in Nelson last December but the buyer keeps SMS messaging every few hours complaining that her solicitor is waiting to hear from myconveyancer. What are the post completion sale formalities now that I have sold?
Following your disposal your lawyer is duty bound to deliver the transfer documentation and all supplemental paperwork to the buyer’s lawyers. Depending on the transaction, your conveyancer must also confirm that the legal charge in favour of the lender has been repaid to the buyers conveyancers. There are no post completion tasks peculiar conveyancing in Nelson.
My fiance and I intend to purchase a newly converted apartment in Nelson with a loan from Halifax.We use our Nelson conveyancing solicitor but Halifax advised that his firm is not on their approved list of firms. It seems we have little choice but to instruct a Halifax panel firm or keep our local solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; is there anything we can do?
Unfortunately,no. The home loan offered to you contains terms and conditions, a common one being that conveyancers will be on the Halifax approved list. Until recently, most mortgage companies had large numbers of solicitors 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 lawyer to apply to be on the conveyancing panel for Halifax
Should my lawyer be making enquiries concerning flooding during the conveyancing in Nelson.
Flooding is a growing risk for conveyancers specialising in conveyancing in Nelson. There are those who buy a house in Nelson, fully expectant that at some time, it may be flooded. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Lawyers are not qualified to offer advice on flood risk, however there are a numerous checks that can be undertaken by the purchaser or on a buyer’s behalf which can give them a better appreciation of the risks in Nelson. The standard completed inquiry forms supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the seller to find out whether the property has suffered from flooding. In the event that flooding has previously occurred and is not revealed by the vendor, then a buyer may issue a legal claim for losses as a result of such an inaccurate answer. The buyer’s lawyers will also commission an enviro search. This will reveal whether there is any known flood risk. If so, further investigations will need to be made.
I have justbeen informed that Arc property Solicitors have closed. They conducted my conveyancing in Nelson for a purchase of a leasehold flat 9 months ago. How can I establish that my home is in my name in the name of the former proprietor?
The easiest method to check if the premises is registered to you, you can carry out 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 Nelson conveyancing specialists.
Is there a reason that Nelson conveyancing charges are higher for leasehold and freehold properties?
If purchasing a leasehold property there is more work involved purely due to the fact that usually there are further parties involved in the form of the freeholder and/or Management Agents. As part of a lawyers enquiries they will check that all ground rent and service charges are paid up to date amongst other general leasehold matters. For this reason, the Sellers lawyers usually have to refer to the freeholder or Managing Agent for their replies to our questions. This may be time consuming and beyond the lawyers control