Our conveyancer has uncovered a defect with the lease for the apartment we are buying in Trimdon. The seller’s lawyers have suggested title insurance as a workaround. We are happy with insurance and will pay for it. Our conveyancer has advised that he must be satisfied that the mortgage company is willing to move forward with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancer will have no choice but to discontinue acting for you.
What is the first thing I need to know concerning purchase conveyancing in Trimdon?
You may not hear this from too many lawyers but conveyancing in Trimdon and elsewhere in England and Wales is often a confrontational experience. Put another way, when it comes to conveyancing there exists an abundance of opportunity for conflict between you and other parties involved in the legal transfer of property. For example, the seller, estate agent and on occasion your bank. Appointing a solicitor for your conveyancing in Trimdon is a critical decision as your conveyancer is your adviser, and is the ONLY party in the legal process whose responsibility is to look after your legal interests and to protect you.
Sometimes a third party with a vested interest may try and persuade you that you should follow their advice. For instance, the selling agent may claim to be assisting by claiming that your lawyer is slow. Or your financial adviser may advise you to do something that is against your solicitors advice. You should always trust your lawyer above all other parties in the conveyancing process.
We're in Trimdon, First timers purchasing with a mortgage (lender is Nottingham , and our lawyer is on the Nottingham conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Nottingham conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancing practitioner should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I have todaybeen informed that Wolstenholmes have been shut down. They carried out my conveyancing in Trimdon for a purchase of a freehold house 18 months ago. How can I check that my home is registered correctly in the name of the former proprietor?
The easiest method to check if the premises is in your name, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Trimdon conveyancing specialists.
I need to instruct a conveyancing lawyer in Trimdon for my home move. Is it possible to review a solicitor's record with the legal regulator?
You can read presented Solicitor Regulator Association (SRA) determinations stemming from inquisitions from 2008 onwards. Visit Check a solicitor's record. To find records Pre 2008, or to check a solicitors record, call 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For callers outside the UK, dial +44 (0)121 329 6800. The regulator sometimes recorded telephone calls for training reasons.
Should one remove a departed person's details from the title register for a property in Trimdon?
Where a Trimdon property is co-owned and one of the proprietors dies, the name will not automatically be removed from the title deeds. You are not required to amend the title as when it comes to a sale you would simply be required to supply proof as to the reason the other proprietor is not included in the conveyance, ordinarily this takes the form of a grant of probate.
With the aim of making things more straight forward for the sale of the property you can apply to have the deceased name removed from the title register by applying to the land registry with evidence of the death. There is no land registry fee payable.