I am not in a position to travel far from Rhiwbina. Is there a reason why all Rhiwbina solicitors are not on all mortgage company panels?
Banks tend to impose restrictions on either the nature or the number of conveyancing practices on their panel. A common example of such criteria being that a organisation needs to have at least two partners. In addition to restricting the structure of firm, some lenders decided to limit the size of their panel they use to act for them. It is worth noting that banks have no responsibility for the standard of conveyancing provided by any Rhiwbina property lawyer on their approved list. Property fraud was the primary trigger for the rationalisation of conveyancing panels a few years ago even though there are conflicting opinions about the extent of solicitor involvement in some of that fraud. Data via the Land Registry indicates that thousands of law practices only carry out less than three conveyances annually. Those advocating conveyancing panel pruning question why conveyancing firms should have any entitlement to be on a conveyancing panel when clearly conveyancing is not their speciality?
I do hope you can help me. My Rhiwbina lawyer is informing me me that she is duty bound toorder Rhiwbina conveyancing searches asthe firm are on the Lloydssolicitor panel. These Rhiwbina searches cost a lot of money can this be avoided?
You have limited options available to you. Given that you are taking out a loan with a lender your conveyancer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the CML Handbook specifications . Even if you were a cash buyer you would be ill advised not to carry out Rhiwbina conveyancing searches.
My grandmother passed away six months ago and as sole heir and executor I was left the house in Rhiwbina. The house had a relatively small loan remaining of approximately £5k. I want to have the title changed into my name whilst I re-mortgage to Yorkshire BS, pay off the mortgage. Is this allowed?
Where you intend to re-mortgage then Yorkshire BS will require that you use a conveyancer on the Yorkshire BS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Yorkshire BS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Yorkshire BS mortgage is registered as a charge at the Land Registry.
I have today made my last payment due on my mortgage with Lloyds. I assume I don't need a Rhiwbina lawyer on the Lloyds panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Lloyds 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 Lloyds mortgage from the register. Lloyds, 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 Lloyds has sent the Land Registry the discharge electronically, and
- Lloyds has instructed the Land Registry to do so
I have decided to exercise my right to buy my property in Rhiwbina off the council. I have a mortgage agreed with Virgin Money. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Virgin Money, you will need to appoint a solicitor on the Virgin Money conveyancing panel.
Completion of my purchase has taken place for my property in Rhiwbina. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
Almost all lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. We understand that complaints to a lender are sorted out effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
Me and my brother purchased a renovated Edwardian house in Rhiwbina. Conveyancing lawyer represented me and Godiva Mortgages Ltd. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: the first freehold, another for leasehold with the matching property. Is it worth asking Godiva Mortgages Ltd to clarify?
You should review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Rhiwbina and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the situation with your conveyancing lawyer who conducted the conveyancing.
I decided to have a survey completed on a house in Rhiwbina ahead of instructing conveyancers. I have been told that there is a flying freehold aspect to the property. Our surveyor has said that some lenders may refuse to grant a mortgage on this type of property.
It depends who your proposed lender is. Santander has different instructions for example to Birmingham Midshires. If you e-mail us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Rhiwbina. Conveyancing will be smoother if you use a solicitor in Rhiwbina especially if they are accustomed to such properties in Rhiwbina.