My husband and I are hoping to acquire a 3 bedroom flat in Prudhoe with a mortgage. We like our Prudhoe lawyer, but the mortgage company says she’s not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or keep our Prudhoe conveyancing practitioner as well as pay for one of their panel firms to act for them. This seems 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 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 Prudhoe conveyancing solicitor to apply to be on the conveyancing panel.
Finally the sale completed on my house in Prudhoe last June yet the purchaser is calling daily complaining that his solicitor is waiting to hear from mylawyer. What should have happened following completion?
Following your disposal your solicitor should deliver the transfer documentation and all supplemental paperwork to the purchaser's conveyancer. Where appropriate, your lawyer should also evidence that the mortgage has been paid off to the buyers lawyers. There is unlikely to be post completion tasks just for conveyancing in Prudhoe.
What happens if my lawyer’s firm is suspended from the Virgin Money Solicitor panel ahead of completing my conveyancing in Prudhoe?
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.
Despite weeks of looking the Title Certificate and documents to our home are lost. The lawyers who dealt with the conveyancing in Prudhoe 5 years ago no longer exist. What are my options?
These day there are duplicates made of almost everything, and your conveyancer should be aware exactly where to find all the suitable paperwork so you may purchase or dispose of your house without a hitch. Where duplicates are not available, your lawyer can arrange cover in the form of insurance or indemnities against future claims on your property.
I opted to have a survey carried out on a property in Prudhoe ahead of instructing lawyers. I have been told that there is a flying freehold overhang to the property. Our surveyor advised that some mortgage companies will refuse to issue a mortgage on such a home.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Birmingham Midshires. If you call us we can investigate further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Prudhoe. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Prudhoe to see if the conveyancing will be more expensive.
My father has encouraged me to instruct his conveyancing solicitors in Prudhoe. Do I follow his guidance?
There are no two ways about it the best way to choose a conveyancing solicitor is to seek recommendations from friends or family who have actually used the solicitor that you are considering.