Me and my partner are purchasing a 3 bedroom flat in Oakdale with a mortgage. We like our Oakdale lawyer, however the lender advise she’s not on their "panel". It appears that we have no choice but to instruct one of the mortgage company panel firms or continue with our Oakdale conveyancing practitioner and pay for one of their panel firms to represent them. We feel that this is unjust; 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 bank’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. A further alternative is for your Oakdale conveyancing solicitor to apply to be on the conveyancing panel.
The Oakdale conveyancing lawyers that just started acting on my house acquisition in Oakdale have suddenly closed. I chose them because I had to have a lawyer on the Co-operative conveyancing panel and my family Oakdale lawyer was not. I paid them funds in advance. What should be my next steps?
If you have an estate agent involved then let them know straight away so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Co-operative conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to assist.
I am buying a new build apartment in Oakdale. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here is a sample of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Oakdale
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Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Please supply a car parking plan. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
I opted to have a survey done on a property in Oakdale before retaining conveyancers. I have been informed that there is a flying freehold overhang to the house. My surveyor advised that some lenders tend not grant a mortgage on a flying freehold property.
It varies from the lender to lender. Bank of Scotland has different instructions from Halifax. Should you wish to call us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Oakdale. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Oakdale to see if the conveyancing will be more expensive.
I am a sole trader intending to lease a unit on a shopping parade. Can you recommend conveyancers offering competitive costs for commercial conveyancing in Oakdale for below £2000?
We can recommend firms who have specialist knowledge of commercial conveyancing in Oakdale, including the sale and acquisition of businesses as well as simply property. Whether you are intending to buy or dispose of a shop, pub, restaurant, office, retail premises or a complete business we will put you in touch with the right firm. As for the costs these will vary based on the structure and nuances of the proposed transaction. Let us have your contact information or email us so that we may supply you with comprehensive commercial conveyancing calculation.
I am an executor of my recently deceased aunt’s Will, with a property in Oakdale which will be marketed. The house has never been registered at the Land Registry and I'm advised that some estate agents will insist that it is done before they'll proceed. What's the procedure for this?
In the circumstances you refer to it seems advisable to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.