My wife and I are buying a 2 bedroom apartment in Plymouth with a mortgage. We would like to retain our Plymouth conveyancer, however the bank says she’s not on their "panel". It appears that we have little option but to instruct one of the mortgage company panel firms or keep our Plymouth conveyancing practitioner as well as pay for one of their panel ones to represent them. We regard 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 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 Plymouth conveyancing solicitor to apply to be on the conveyancing panel.
The Plymouth conveyancing firm that I recently instructed on my purchase in Plymouth have without warning closed. I only went with them because I had to have a solicitor on the Yorkshire BS conveyancing panel and my previous Plymouth lawyer was not. I paid them £170 in advance. What do I do now?
Assuming that you have an Estate Agent in the equation then inform them immediately 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 should appoint new lawyers that are on the Yorkshire BS 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 may be able to help.
My wife and I are purchasing a flat in Plymouth. It might be a silly question but how we can trust a solicitor? On the day of competition we will need to send our life savings into their account. What protection do we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
We are buying a victorian detached house in Plymouth. Our aim is to carry out a loft conversion at the house.Will legal work on the property involve enquiries to determine if these works are permitted?
Your conveyancer should check the registered title as conveyancing in Plymouth can occasionally reveal restrictions in the title documents which restrict certain changes or need the permission of a 3rd party. Some extensions require local authority planning consent and approval under the building regulations. Many locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. You should check these things with a surveyor ahead of any purchase.
I have today made my last payment due on my mortgage with UBS. I assume I don't need a Plymouth conveyancing practitioner on the UBS panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your UBS 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 UBS mortgage from the register. UBS, 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 UBS has sent the Land Registry the discharge electronically, and
- UBS has instructed the Land Registry to do so
Despite weeks of looking the Title Certificate and documents to my home can not be found. The lawyers who conducted the conveyancing in Plymouth 5 years ago no longer exist. Will I be able to sell the house?
Assuming the title is registered the details of your proprietorship will be documented by the Land Registry with a Title Number. It is possible to perform a search at the Land Registry, identify your house and get up to date copies of the Registered Entries for less than a fiver. If the title is Leasehold then the Land Registry will in most cases retain a certified duplicate of the Registered Lease and again, a copy can be retrieved for a small fee.
How does conveyancing in Plymouth differ for new build properties?
Most buyers of new build property in Plymouth come to us having been asked by the seller to exchange contracts and commit to the purchase even before the house is constructed. This is because new home sellers in Plymouth usually purchase the land, 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 conveyancing solicitors 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 Plymouth or who has acted in the same development.
I am hoping to sign contracts shortly on a ground floor flat in Plymouth. Conveyancing lawyers assured me that they are sending me a report tomorrow. What should I be looking out for?
Your report on title for your leasehold conveyancing in Plymouth should include some of the following:
Alterations to the flat Ground rent - what is payable and when is collected, and also know whether this is subject to change Whether the lease restricts you from renting out the flat, or having a home office for business Advice concerning the obligations as set out in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder enjoys Who has the liability for maintaining the window frames
I bought a ground floor flat in Plymouth, conveyancing was carried out half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Equivalent properties in Plymouth with an extended lease are worth £265,000. The average or mid-range amount of ground rent is £50 levied per year. The lease ceases on 21st October 2097
With just 76 years left to run we estimate the premium for your lease extension to range between £8,600 and £9,800 plus legals.
The figure above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive investigations. You should not use the figures in tribunal or court proceedings. There are no doubt other issues that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information without first getting professional advice.