Much to our surprise we have been informed by our financial adviser that my West Yorkshire the law firm I have appointed is not on the bank Conveyancing panel. How can I be sure whether this is correct?
You need to contact your West Yorkshire lawyer directly. It is reasonable to expect your lawyer to inform you of the situation. Where they are not on the panel they may recommend you to a West Yorkshire conveyancing practice that is on the approved list of lawyers for your lender.
Why do I have to pay up front when it comes to conveyancing in West Yorkshire?
Where you are retaining lawyers for conveyancing in West Yorkshire your solicitor will request that you to provide them with funds to cover the search fees. Generally this is called for to cover the fees of the Local Authority Search. If any down payment is payable against the purchase price then this will be needed immediately prior to exchange of contracts. The final balance that is due will be payable a few days prior to the completion date.
I have paid off my mortgage with HSBC. I assume I don't need a West Yorkshire property lawyer on the HSBC panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your HSBC 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 HSBC mortgage from the register. HSBC, 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 HSBC has sent the Land Registry the discharge electronically, and
- HSBC has instructed the Land Registry to do so
I am currently in the process of buying my council flat in West Yorkshire. I have a mortgage agreed with Co-operative. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Co-operative, you will need to appoint a solicitor on the Co-operative conveyancing panel.
I've read lots of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local West Yorkshire solicitor - who is on the HSBC conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
HSBC will need an independent valuation of the property. Your lawyer will not arrange this. Usually HSBC will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your West Yorkshire postcode. As you are getting a mortgage with HSBC, you could contact them to see if they have a list of approved surveyors in West Yorkshire.
A friend advised me that where I am buying in West Yorkshire I should ask my conveyancer to perform a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is usually quoted for as part of the standard West Yorkshire conveyancing searches. It is not a small document of about 40 pages, listing and detailing important information about West Yorkshire around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Local Education with maps and statistics, Local Amenities and other useful data regarding West Yorkshire.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on a fortnight ago in what was supposed to be a straight forward, chain free conveyancing. West Yorkshire is where the house is located. Can you offer any advice?
Flying freeholds in West Yorkshire are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside West Yorkshire you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in West Yorkshire may ascertain 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.
Should I be wary that 3rd parties that I am dealing with are encouraging me to use a national conveyancing firm as opposed to a local West Yorkshire conveyancing firm?
As with lots of professional services, often recommendations from connections can be worth their weight in gold. But there are numerous parties with a keen interest in a conveyancing deal; estate agents, mortgage brokers and mortgage companies might all put forward lawyers to instruct. On occasion these lawyers might be known to one of the organisations as being good in their field, but occasionally there may be a commercial relationship behind the endorsement. You are at liberty to select your preferred conveyancer. Don't forget that many banks operate an approved list of conveyancers you have to use for the mortgage related work in your house move.