My wife and I are buying a 3 bedroom flat in Sefton with a mortgage. We wish to retain our Sefton conveyancer, however the bank says he's not on their "panel". It seems we have little choice but to use one of the mortgage company panel solicitors or retain our Sefton conveyancer as well as pay for one of their panel ones to act for them. This feels very unfair; can we not insist that the lender use our Sefton conveyancing practitioner ?
Unfortunately,no. The mortgage offered to you 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. A further alternative is for your Sefton conveyancing lawyer to apply to be on the conveyancing panel.
My conveyancer has uncovered a a problem with the lease for the apartment we are buying in Sefton. The other side have suggested defective title insurance as a solution. We are content with insurance and will cover the costs. Our conveyancer has advised that he must ensure that the lender is willing to move forward with this solution. Who is the client here, us or the lender?
Regardless of the fact that you have a mortgage offer from the lender does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the bank are the client. These conveyancing instructions have to be complied with.
When it comes to lenders such as RBS, do Sefton solicitors face a yearly amount to be on the conveyancing panel?
We are not aware of any bank fees to be on their panel, although some do levy an administration fee to deal with the processing of the conveyancing panel application.
I am expecting a AIP from Santander this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Santander recommend any Sefton solicitors on the Santander conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Sefton solicitors independently although you'll need to choose one on the Santander conveyancing panel. The solicitor represents both you and Santander through the process.
I recently had an offer agreed on a house in Sefton. My financial adviser suggested a property lawyer. I paid an upfront payment of £200. Not long after, the lawyer contacted me sheepishly admitting that they were not on the Barclays 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 Barclays 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 a 4 bedroom Edwardian property in Sefton. Conveyancing solicitor acted for me and Lloyds TSB Bank. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, the second leasehold under the matching address. Is it worth asking Lloyds TSB Bank to clarify?
You should assess 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 Sefton and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also check the position with the conveyancing practitioner who conducted the purchase.
I am using a search engine for the phrase cheap conveyancing in Sefton it reveals numerous conveyancersin the vicinity. With so much choice what is the best way to find the right property lawyer for me?
The best way of seeking a suitable conveyancer is via personal testimonial, so ask friends and relatives who have purchased a property in Sefton or the respected estate agent or financial adviser. Charges for conveyancing in Sefton differ, so it's advisable to obtain at least three estimates from varying types of solicitors. Be sure to obtain confirmation that the charges are guaranteed not to escalate.
I note that you have a post code search directory listing law firms on the mortgage company conveyancing panel. Do Sefton conveyancing firms pay you a referral fee if I appoint them for my own conveyancing?
We are a listing service only for law firms wishing to communicate if they are on the bank conveyancing panel or other lender panels. We do not charge referral fees to the any conveyancer that you subsequently appoint for your conveyancing in Sefton.