We are buying a 1 bedroom flat in Spalding with a mortgage. We like our Spalding conveyancer, but the mortgage company says she’s not on their "panel". It appears that we have little option but to instruct one of the lender panel solicitors or keep our Spalding property lawyer as well as pay for one of their panel firms to act for them. This feels very unfair; can we not demand that the bank use our Spalding solicitor ?
No, not really. 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. Another option that might be available is for your Spalding conveyancing lawyer to apply to be on the conveyancing panel.
is it true that all Spalding solicitors on the Nottingham conveyancing panel are governed by the SRA?
As a firm of solicitors, in order to be on the Nottingham approved list of solicitors they would need to be governed by the SRA. The majority of banks do allow licenced conveyancers on their panel in which case such practice would be regulated by the CLC.
We expect to receive a AIP from Nationwide 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 Nationwide recommend any Spalding solicitors on the Nationwide conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Spalding solicitors independently although you'll need to choose one on the Nationwide conveyancing panel. The solicitor represents both you and Nationwide through the process.
I am selling my flat. I had a double glazing fitted in November 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, TSB are being pedantic. The Spalding solicitor who is on the TSB conveyancing panel is recommending indemnity insurance as a solution but TSB are requiring a building regulation certificate. Why do TSB have a conveyancing panel if they don't accept advice from them?
It is probably the case that TSB have referred the matter to their valuer. The reason why TSB 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.
My partner and I are selling our house in Spalding and the buyers lawyers are claiming that there is a possibility that the property was constructed land that was not decontaminated. A high street Spalding conveyancer would know this is not the case. It does beg the question why the purchasers instructed a nationwide conveyancing firm rather than a conveyancing solicitor in Spalding. Having lived in Spalding for many years we know of no issue. Do we contact our local Authority to seek clarification need.
It sounds as though you may have a conveyancing firm currently acting for you. Are they able to advise? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
The deeds to our house can not be found. The solicitors who conducted the conveyancing in Spalding 4 years ago have long since closed. What do I do?
As long as the title is registered the details of your proprietorship will be documented by the Land Registry under a Title Number. It is possible to perform a search at the Land Registry, locate your house and secure up to date copies of the property title for less than a fiver. If the title is Leasehold then the Land Registry will usually retain a file duplicate of the Registered Lease and again, a copy can be obtained for a small fee.
How does conveyancing in Spalding differ for newly converted properties?
Most buyers of new build premises in Spalding approach us having been asked by the housebuilder to sign contracts and commit to the purchase even before the premises is constructed. This is because builders in Spalding typically buy the land, 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 accustomed to new build conveyancing in Spalding or who has acted in the same development.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in a fortnight ago in what was supposed to be a simple, no chain conveyancing. Spalding is where the house is located. Can you offer any guidance?
Flying freeholds in Spalding are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Spalding you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Spalding may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.