My partner and I are looking to acquire a property in Trelogan and are in fact using a Trelogan conveyancing firm. Within the last couple of days our property lawyer has forwarded the sale agreement to be signed with a detailed report with the expectation that exchange is imminent. Chelsea Building Society have this afternoon contacted us to advise us that there is now an issue as our Trelogan conveyancer is not on their conveyancing panel. Is this a problem?
Where you are buying a property needing a mortgage it is conventional for the purchasers' lawyers to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel as you are at liberty to use your preferred Trelogan lawyers, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.
It is a dozen years since I acquired my house in Trelogan. Conveyancing lawyers have now been instructed on the sale but I am unable to track down my title documents. Will this jeopardise the sale?
Don’t worry too much. Firstly the deeds may be retained by the lender or they may be archived with the conveyancers who acted in your purchase. Secondly in most cases the property will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors obtaining current official copies of the land registers. Almost all conveyancing in Trelogan involves registered property but in the unlikely event that your property is unregistered it adds to the complexity but is resolvable.
Me and my brother have a terraced Georgian house in Trelogan. Conveyancing solicitor acted for me and Alliance & Leicester . I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, another for leasehold under the exact same address. If a house is not a freehold shouldn't I have been informed?
You should read 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Trelogan and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the situation with the conveyancing lawyer who carried out the work.
I'm purchasing a new build house in Trelogan with the aid of help to buy. The builders would not budge the amount so I negotiated 6k of fixtures and fittings instead. The house builders rep advised me not inform my solicitor about this deal as it would adversely affect my mortgage with Bank of Scotland. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the developer 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.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in last month in what was supposed to be a straight forward, no chain conveyancing. Trelogan is where the house is located. Can you offer any advice?
Flying freeholds in Trelogan are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Trelogan you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Trelogan 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 residence.
I am looking for a conveyancing practitioner in Trelogan for my purchase. Is it possible to see a solicitor's complaints history with the profession’s regulator?
You may find presented Solicitor Regulator Association (SRA) decisions arising from inquisitions from 2008 onwards. Go to Check a solicitor's record. To find details Pre 2008, or to check a firm's record, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, call +44 (0)121 329 6800. The SRA may recorded call for training reasons.