We are buying a purpose built flat in Whaley Bridge with a residential mortgage from Bank of Ireland.We would like to retain our Whaley Bridge conveyancing solicitor but Bank of Ireland informed us her practice is not on their "panel". We have to appoint a Bank of Ireland panel solicitor or keep our preferred solicitor and fork out for one of their panel ones to represent them. We feel as though this is unjust; Can we not simply insist that Bank of Ireland use our lawyer?
No, not really. The loan issued to you contains terms and conditions, one of which will be that conveyancers will be on the Bank of Ireland approved list. in the past, most banks had large numbers of solicitors on their panels: a borrower could find 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. A further alternative is for your solicitors to apply to be on the conveyancing panel for Bank of Ireland
Is it correct that all Whaley Bridge CQS (Conveyancing Quality Scheme) solicitors are on the Leeds Building Society conveyancing panel?
It is true that some banks and building societies now utilise CQS as the starting point for Panel membership such as HSBC and Santander. CQS membership however gives no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitors wishing to remain on their panels.
We previously chose conveyancers based in Whaley Bridge on the Kent Reliance solicitor panel. They are now charging me a further charge for dealing with the Kent Reliance mortgage. Is this an additional conveyancing fee set by Kent Reliance?
As unfair as it may appear, as long as it’s in their Terms and Conditions or estimate then yes your solicitor can levy a fee for this. The fee is not dictated by Kent Reliance but by your Whaley Bridge conveyancing practitioner. Plenty of firms on the Kent Reliance panel will levy ’dealing with mortgage’ fee but many firms incorporate it on their overall fee.
I've read lots of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Whaley Bridge 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. You may wish to consider appointing your own Whaley Bridge surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Various online forums that I have frequented warn that are the main reason for stalling in Whaley Bridge conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) released findings of research by MoveWithUs that conveyancing searches do not feature amongst the common causes of delays in the conveyancing process. Searches are unlikely to feature in any slowing down conveyancing in Whaley Bridge.
I have recentlybecome aware that Action Conveyancing have been shut down. They carried out my conveyancing in Whaley Bridge 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 quickest way to check if the premises is in your name, you can carry out 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 Whaley Bridge conveyancing specialists.
I've recently found out that there is a flying freehold issue on a property I have offered on a fortnight ago in what should have been a straight forward, no chain conveyancing. Whaley Bridge is where the house is located. Can you shed any light on this issue?
Flying freeholds in Whaley Bridge are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Whaley Bridge 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 Whaley Bridge 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 property.
In sourcing the web for the words on line conveyancing in Whaley Bridge it reveals numerous solicitorsin the area. With so much choice what is the best way to find the suitable property lawyer for my move?
The preferential way of choosing the right conveyancer is through a trusted recommendation, so ask friends and relatives who have purchased a property in Whaley Bridge or a local estate agent or financial adviser. Costs for conveyancing in Whaley Bridge differ, so it's a good idea to obtain at least three quotes from different solicitors. Make sure that you know that the charges are assured not to to be inflated.