We are hoping to buy a 2 bedroom flat in South Brent with a mortgage. We have a South Brent lawyer, however the lender advise he's not on their "panel". It seems we have little option but to instruct one of the mortgage company panel conveyancing practices or keep our South Brent solicitor as well as pay for one of their panel firms to act for them. This feels very unfair; are we not able to require that the bank use our South Brent conveyancing practitioner ?
No, not really. Your mortgage offer 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 South Brent conveyancing solicitor to apply to be on the conveyancing panel.
Can your site be used to locate a Conveyancing solicitor in South Brent even if I’m not purchasing or selling a house, for instance if I intend to acquire an office in South Brent with a mortgage from Halifax?
Our search tool is predominantly used to locate residential conveyancing solicitors in South Brent but we have recorded at the end of this page a selection of South Brent commercial conveyancing firms. You will need to enquire with the solicitors directly to see if they are also authorised to represent Halifax
We are hoping to buy a newly converted flat in South Brent with a residential mortgage from Barclays Direct.We like our South Brent conveyancing solicitor but Barclays Direct informed us she’s not on their approved list of firms. It seems we have little choice but to instruct a Barclays Direct panel lawyer or retain our preferred solicitor and pay for one of their panel ones to act for them. We feel as though this is unjust; is there anything we can do?
Unfortunately,no. The home loan offered to you is subject to its terms and conditions, one of which will be that solicitors will be on the Barclays Direct conveyancing panel. Until recently, most banks had large numbers of law firms on their panels: a borrower could find 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 solicitors to apply to be on the conveyancing panel for Barclays Direct
My wife and I are purchasing a house in South Brent. I might seem paranoid but how we can trust a lawyer? At some point we will need to send money into their account. What is the protection we have from them run away with our money?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I'm the only recipient of my late mum's estate with all property in now in my sole name, including the house in South Brent. Conveyancing formalities meant that the Land Registry date was in February. I plan to dispose of the house. I do know about the Mortgage Lenders six month 'rule', which means that my proprietorship may be treated the same way as though I had purchased the property in February. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be caught by that. Some mortgage companies would take a sensible view as this obligation is primarily there to identify subsales or the quick reselling of property.
I have paid off my mortgage with Bank of Ireland. I assume I don't need a South Brent conveyancer on the Bank of Ireland panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Bank of Ireland 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 Bank of Ireland mortgage from the register. Bank of Ireland, 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 Bank of Ireland has sent the Land Registry the discharge electronically, and
- Bank of Ireland has instructed the Land Registry to do so
Just had an offer accepted on a new build apartment in South Brent. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in South Brent
Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. There must be mutual enforceability of lessee’s covenants. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Forfeiture - bankruptcy or liquidation must not apply under this provision. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
Due to the guidance of my in-laws I had a survey completed on a property in South Brent ahead of retaining lawyers. I have been told that there is a flying freehold overhang to the house. Our surveyor has said that some banks will not issue a mortgage on this type of property.
It depends who your proposed lender is. Lloyds has different requirements for example to Nationwide. If you contact us we can investigate further with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in South Brent. Conveyancing may be slightly more expensive based on your lender's requirements.