Me and my fiance are intending to acquire a 2 bedroom apartment in Newent with a mortgage. We like our Newent solicitor, however the bank says he's not on their "panel". It appears that we have no choice but to select one of the mortgage company panel firms or retain our Newent conveyancing practitioner and pay for one of their panel ones to represent them. We regard this is inequitable; 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 Newent conveyancing lawyer to apply to be on the conveyancing panel.
As I am unsure how the conveyancing process works what is the most important piece of guidance you can give me about purchase conveyancing in Newent?
You may not hear this from too many lawyers but conveyancing in Newent and elsewhere in Gloucestershire is often a confrontational experience. Put another way, when it comes to conveyancing there is an abundance of opportunity for confrontation between you and others involved in the transaction. E.g., the seller, selling agent and on occasion a mortgage company. Choosing a lawyer for your conveyancing in Newent an important selection as your conveyancer is your adviser, and is the ONE person in the process whose responsibility is to protect your best interests and to keep you safe.
There is a worrying emergence in the "blame" culture- someone must be blamed for the process taking so long. We recommend that you should always trust your lawyer ahead of all other parties in the conveyancing process.
I used Wolstenholmes a few years past for my conveyancing in Newent. Now, I need my files but cannot find the solicitor. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Newent of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
My husband and I are novice buyers - agreed a price, yet the estate agent told us that the vendor will only move forward if we use the agent's chosen solicitors as they want an ‘expedited deal’. My instinct tells me that we should use a local solicitor used to conveyancing in Newent
We suspect that the seller is unaware of this request. Should the owner desire ‘a quick sale', turning down a serious purchaser is counter productive. Contact the sellers directly and make the point that (a)you are keen to buy (b)you are excited to move forward, with mortgage lined up © you have nothing to sell (d) you wish to move quickly (e)but you are going to use your own,trusted Newent conveyancing lawyers - rather thanthose that will give their negotiator at the agency a commission or achieve conveyancing thresholds pre-set by HQ.
There are only 62 years unexpired on my flat in Newent. I need to extend my lease but my freeholder is absent. What are my options?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to find the freeholder. For most situations a specialist would be useful to conduct investigations and to produce a report to be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s absence and the vesting order request to the County Court covering Newent.
Newent Leasehold Conveyancing - A selection of Questions you should ask before Purchasing
-
Are any of leasehold owners in dispute over their service charge payments? What restrictions are contained in the Newent Lease?
My partner and I have AIP from Coventry Building Society who said we could borrow up to £350k. When do we need to appoint a practitioner for conveyancing? Newent is where we plan to move to.
You can instruct a conveyancer now so that the conveyancing practitioner can open the file so they can commence the AML checks etc. If and when you wish them to commence work you will be asked for a payment on account normally about £200. That should normally be once you have the loan offer from your lender and survey report, but if you wish to expedite matters you can start sooner albeit risking some money.