I am one month into the sale of my ground floor flat in Scarborough and the estate agent has just e-mailed to advise that the buyers are switching conveyancer. The excuse is that the bank will only work with property lawyers on their approved list. On what basis would a major lender only work with certain law firms rather the firm that they want to appoint for their conveyancing in Scarborough ?
Banks have always had an approved set of law firms that can act for them, but in the last few years big names such as HSBC, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for many years.
Banks point to the increase in fraud by way of justification for the cull – criteria have been stiffened as a smaller panel is easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are unlikely to have any sway in the decision.
My fiancee and I are at the point of viewing apartments in Scarborough and I am about to put in an offer. Is it premature to have a solicitor in place? I will be getting a home loan with Co-operative.
It would be wise to start your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their contact information on to the EA. As you are getting a mortgage with Co-operative, ask your prospective lawyers if they are on the Co-operative conveyancing panel otherwise they can't do the mortgage legal work.
I have paid off my mortgage with Clydesdale. I assume I don't need a Scarborough conveyancer on the Clydesdale panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Clydesdale 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 Clydesdale mortgage from the register. Clydesdale, 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 Clydesdale has sent the Land Registry the discharge electronically, and
- Clydesdale has instructed the Land Registry to do so
Kent Reliance have agreed my home loan in principle, my bid on a property in Scarborough has been agreed to, now what?
Your estate agent will need to be advised as to your conveyancing practitioner's details (be sure the lawyers are on the lender’s panel). Call up Kent Reliance or your financial adviser and complete any appropriate documentation. Kent Reliance will instruct a valuer who will get in contact with the estate agent or owners to schedule a time for the valuation to take place. Once carried out (assuming no problems) it takes on average a fortnight for the mortgage offer to be issued. Kent Reliance will send the offer to you and your lawyers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Scarborough.
Should commercial conveyancing searches reveal proposed roadworks that may affect a commercial land in Scarborough?
Its becoming the norm that commercial conveyancing solicitors in Scarborough will perform a SiteSolutions Highways report as it reduces the time that conveyancers invest in researching accurate data on highways that impact buildings and development assets in Scarborough. The search result provides definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Scarborough.
For each commercial conveyancing transaction in Scarborough it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately could cause delays to Scarborough commercial conveyancing transactions as well as pose a risk to future plans for the site. These searches are not carried out for domestic conveyancing in Scarborough.
Me and my brother purchased a 4 bedroom Edwardian property in Scarborough. Conveyancing practitioner acted for me and Bank of Scotland. I did a free Land Registry search last week and I saw two entries: one for freehold, the second leasehold under the exact same property. I thought I was buying a freehold how can I check?
You need to read 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 Scarborough and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the position with the conveyancing solicitor who conducted the conveyancing.
How does conveyancing in Scarborough differ for newly converted properties?
Most buyers of new build premises in Scarborough come to us having been asked by the builder to sign contracts and commit to the purchase even before the premises is constructed. This is because developers in Scarborough tend to buy the real estate, 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 conveyancers 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 Scarborough or who has acted in the same development.
Due to the input of my in-laws I had a survey completed on a property in Scarborough in advance of instructing solicitors. I have been told that there is a flying freehold aspect to the house. Our surveyor has said that some banks tend not grant a loan on a flying freehold premises.
It depends who your proposed lender is. Santander has different instructions for example to Halifax. If you contact us we can investigate further via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Scarborough. Conveyancing may be slightly more expensive based on your lender's requirements.