We are planning to purchase a 2 bedroom flat in Sudbury with a mortgage. We like our Sudbury solicitor, but the bank advise she’s not on their "panel". We have to appoint one of the lender panel solicitors or keep our Sudbury conveyancing practitioner as well as pay for one of their panel firms to act for them. This seems very unfair; can we not insist that the bank use our Sudbury conveyancer ?
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 Sudbury conveyancing lawyer to apply to be on the conveyancing panel.
Finally the sale completed on my house in Sudbury last August yet the purchaser is texting me to moan that their lawyer needs to hear from mine. What are the post completion sale legalities now that I have sold?
After completion of your house sale your lawyer is duty bound to deliver the transfer documentation and all additional paperwork to the buyer’s conveyancer. Depending on the transaction, your solicitor must also confirm that the mortgage has been discharged to the purchasers conveyancers. There are no post completion steps peculiar conveyancing in Sudbury.
I am looking to buy a house and need a conveyancing solicitor in Sudbury who is on the Halifax solicitor. Can you recommend a local solicitor?
Our service is limited to being a directory service for firms who wish to listed as being on the approved conveyancing panel for Halifax in certain locations such as Sudbury. We dont recommend any particular firm.
I am buying a new build house in Sudbury with a loan from Barclays . The sellers refused to move on the amount so I negotiated £7000 of extras instead. The estate agent advised me not to tell my solicitor about the extras as it would jeopardize my loan with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I've recently found out that there is a flying freehold element on a house I put an offer in two weeks back in what should have been a simple, no chain conveyancing. Sudbury is where the house is located. What do you suggest?
Flying freeholds in Sudbury are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Sudbury you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Sudbury may determine 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 premises.
Can you provide any advice for leasehold conveyancing in Sudbury with the aim of expediting the sale process?
- Much of the frustration in leasehold conveyancing in Sudbury can be bypassed if you get in touch lawyers the minute your agents start advertising the property and ask them to put together the leasehold documentation which will be required by the purchasers’ representatives. If you are supposed to have a share in the freehold, you should ensure that you are holding the original share document. Arranging a replacement share certificate can be a time consuming process and delays many a Sudbury home move. Where a duplicate share is needed, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity. A minority of Sudbury leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their lawyers. If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Sudbury leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord consenting to such changes. If you fail to have the approvals to hand do not contact the landlord without checking with your solicitor first.
I have attempted and failed to negotiate with my landlord to extend my lease without any joy. Can one apply to the Leasehold Valuation Tribunal? Can you recommend a Sudbury conveyancing firm to help?
Where there is a absentee landlord or if there is dispute about what the lease extension should cost, under the relevant statutes you can apply to the First-tier Tribunal (Property Chamber) to decide the price.
An example of a Lease Extension case for a Sudbury property is Ground Floor Flat 79 London Road in September 2012. the Tribunal held that the premium payable for the lease extension should be £7,636 This case was in relation to 1 flat. The unexpired term was 74 years.