My husband and I are hoping to buy a 3 bedroom flat in Shenfield with a mortgage. We like our Shenfield lawyer, but the mortgage company says he's not on their "panel". It appears that we have no option but to select one of the bank panel firms or keep our Shenfield lawyer and pay for one of their panel lawyers to represent them. We feel that this is unjust; is there anything we can do?
Unfortunately,no. 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. Another option that might be available is for your Shenfield conveyancing solicitor to apply to be on the conveyancing panel.
We are acquiring a brand new flat in Shenfield and my solicitor is telling me that she has to the mortgage company to disclose incentives from the developer. I am under pressure to exchange and I would rather not prolong deal. Is my lawyer right?
You should not exchange unless you have been advised to do so by your conveyancer. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook specifications. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
My bid for a property was accepted at auction in Shenfield. Conveyancing is necessary. What is next?
Having to in every practical sense signed on the dotted line you must find a conveyancing solicitor soon as you will have a fast approaching a fixed date to complete the purchase. Every auction property should have a corresponding auction pack. This should include most,if not all of the paperwork that your conveyancer will need. If you have purchased leasehold property the conveyancing pack may include a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation pertinent to a leasehold property. You need to give this to the conveyancer working for you at the earliest opportunity. You also need to ensure that that you have the requisite funding in order to complete the transaction on the set completion date.
I am expecting a OIP from Santander this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Santander recommend any Shenfield solicitors on the Santander conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Shenfield 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 am due to exchange contracts on my apartment. I had a double glazing fitted in September 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Aldermore are being problematic. The Shenfield solicitor who is on the Aldermore conveyancing panel is saying indemnity insurance will be fine but Aldermore are requiring a building regulation certificate. Why do Aldermore have a conveyancing panel if they don't accept advice from them?
It is probably the case that Aldermore have referred the matter to their valuer. The reason why Aldermore may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
A friend advised me that if I am buying in Shenfield I should ask my conveyancer to perform a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is sometimes included in the estimate for your Shenfield conveyancing searches. It is not a small report of about 40 pages, listing and setting out significant information about Shenfield around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Shenfield Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Local Education with plans and statistics, Local Amenities and other useful data concerning Shenfield.
Me and my brother own a 4 bedroom Victorian house in Shenfield. Conveyancing practitioner represented me and Yorkshire Building Society. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, another for leasehold under the matching property. Is it worth asking Yorkshire Building Society to clarify?
You should assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Shenfield and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the position with the conveyancing practitioner who carried out the work.
My husband and I are new on the property ladder - had an offer accepted, yet the agent told us that the owners will only proceed if we use their chosen solicitors as they are insisting on an ‘expedited deal’. My instinct tells me that we should use a local solicitor with experience of conveyancing in Shenfield
We suspect that the seller is unaware of this requirement. If they require ‘a quick sale', taking such a hostile approach to a genuine purchaser is likely to cause more damage than good. Speak to the owners direct and make the point that (a)you are keen to buy (b)you are excited to move forward, with finances in place © you are chain free (d) you wish to move quickly (e)however you intend to appoint your own,trusted Shenfield conveyancing lawyers - not the ones that will provide the estate agent a commission or meet his conveyancing figures set by head office.