My solicitor has discovered a a problem with the lease for the apartment we are purchasing in Rush Green. The seller’s lawyers have offered title insurance as a solution. We are happy with insurance and will pay for it. Our property lawyer says that he must check that the mortgage company is willing to move forward with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
Can your site be used to locate a Conveyancing solicitor in Rush Green even where I’m not purchasing or disposing of a house, for example if I wish to buy a shop in Rush Green with a loan from Nottingham Building Society?
The service is mainly there to locate domestic conveyancing solicitors in Rush Green but we have recorded at the end of this page a selection of Rush Green commercial conveyancing firms. You will need to enquire with the firm directly to establish if they are also authorised to represent Nottingham Building Society
My house in Rush Green is up for sale and I have a buyer. Does the solicitor have to be required to be on the Nottingham conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the Nottingham conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their specifications fairly frequently at the moment.
We previously instructed solicitors located in Rush Green on the HSBC solicitor panel. They have just invoiced me a separate sum for handling the HSBC mortgage. Is this an additional conveyancing fee set by HSBC?
As unfair as it may seem, as long as it’s in their Terms of Engagement or Quote then yes your property lawyer may charge a fee for this. This charge is not set by HSBC but by your Rush Green conveyancer. Some firms on the HSBC panel will quote ’dealing with mortgage’ fee but many practices include it on their overall fee.
I have today made my last payment due on my mortgage with Aldermore. I assume I don't need a Rush Green property lawyer on the Aldermore panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Aldermore 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 Aldermore mortgage from the register. Aldermore, 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 Aldermore has sent the Land Registry the discharge electronically, and
- Aldermore has instructed the Land Registry to do so
After weeks of negotiation I have agreed a price on an apartment in Rush Green. My financial adviser recommended their conveyancers. I paid an advanced payment of £200. A few days later, the solicitor contacted me sheepishly admitting that they were not on the UBS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the UBS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I have been on the look out for a flat up to £305k and found one close by in Rush Green I like with a park and railway links nearby, the downside is that it only has 51 years on the lease. I can't really find anything else in Rush Green in this price bracket, so just wondered if I would be making a grave error purchasing a short lease?
If you require a home loan the shortness of the lease will likely be a potential deal breaker. Discount the offer by the amount the lease extension will cost if it has not already been discounted. If the existing proprietor has owned the property for a minimum of twenty four months you could request that they start the process of the extension and then assign it to you. An additional ninety years can be extended on to the existing lease and have £0 ground rent by law. You should consult your conveyancing solicitor regarding this matter.
How easy is it to use your search tool to locate a conveyancing solicitor in Rush Green on the approved list for my bank?
First select a lender such as Birmingham Midshires, The Royal Bank of Scotland or Britannia then type in your location for example Rush Green. Conveyancing firms in Rush Green and beyond should be listed.