My wife and I are purchasing a 1 bedroom apartment in Whitchurch with a mortgage. We like our Whitchurch lawyer, however the bank advise he's not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or continue with our Whitchurch conveyancer and pay for one of their panel ones to act for them. This feels very unfair; is there anything we can do?
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 Whitchurch conveyancing lawyer to apply to be on the conveyancing panel.
We see that you have a post code search directory listing solicitors on the RBS conveyancing panel. Do firms pay you a referral fee if I instruct them for our own conveyancing in Whitchurch?
We are a listing service only for law firms wishing to communicate if they are on the RBS conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Whitchurch.
I am being advised by my lawyer that missing deeds insurance is required on my purchase. What is the level of cover for Whitchurch conveyancing?
The appropriate level of missing deeds indemnity insurance depends on who your lender is. It would differ for example between Santander and Bank of Scotland. Conveyancing practitioners as opposed to members of the public take out such insurances.
How can we tell if a Whitchurch conveyancing solicitor on the Nottingham panel is any good?
When it comes to conveyancing in Whitchurch getting recommendations is a good starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always advise that you speak with the solicitor conducting your conveyancing.
I have paid off my mortgage with Coventry BS. I assume I don't need a Whitchurch lawyer on the Coventry BS panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Coventry BS 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 Coventry BS mortgage from the register. Coventry BS, 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 Coventry BS has sent the Land Registry the discharge electronically, and
- Coventry BS has instructed the Land Registry to do so
Are there restrictive covenants that are commonly picked up during conveyancing in Whitchurch?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Whitchurch. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I am purchasing a new build house in Whitchurch with a loan from Halifax. The builders refused to move on the price so I negotiated five thousand pounds worth of extras instead. The property agent told me not inform my conveyancer about the extras as it could put at risk my mortgage with the bank. Is this normal?.
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.
I've recently found out that there is a flying freehold element on a property I put an offer in a fortnight ago in what should have been a straight forward, no chain conveyancing. Whitchurch is where the house is located. Can you shed any light on this issue?
Flying freeholds in Whitchurch are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Whitchurch you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Whitchurch 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 property.