Me and my fiance are buying a 3 bedroom flat in Whitstable with a mortgage. We would like to retain our Whitstable solicitor, but the lender advise she’s not on their "panel". It seems we have no choice but to appoint one of the mortgage company panel firms or retain our Whitstable property lawyer and pay for one of their panel lawyers to act for them. This seems very unfair; can we not demand that the mortgage company use our Whitstable conveyancing practitioner ?
No, not really. Your mortgage offer 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 Whitstable conveyancing lawyer to apply to be on the conveyancing panel.
We wanted to use a conveyancing solicitor in Whitstable for our house move. Our broker informed us that our mortgage lenders Aldermore won't deal with them. Why is this not regarded as unfair competition?
Pre- 2008 most banks had an appetite for risk which was higher than today. Almost all Whitstable conveyancing firms would have been on most mortgage company panels. The Financial Services Authority in 2010 conducted a thematic review into mortgage fraud which come to the conclusion: mortgage lenders should know the conveyancing solicitors dealt with. Consequently, mortgage companies have regularly sought more data from law firms concerning their operations and the individuals who work for them and establishing certain criteria such a completing on a minimum number of conveyancing. Many Whitstable conveyancing firms that have been excluded from lender panels have Unblemished track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Whitstable is one of the numerous locations where the lawyers we list are on the panel for Aldermore.
Should our conveyancer be raising questions about flooding as part of the conveyancing in Whitstable.
The risk of flooding is if increasing concern for lawyers dealing with homes in Whitstable. There are those who purchase a property in Whitstable, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Solicitors are not qualified to offer advice on flood risk, but there are a numerous searches that can be initiated by the buyer or on a buyer’s behalf which will figure out the risks in Whitstable. The conventional set of property information forms sent to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) includes a standard inquiry of the vendor to determine whether the premises has ever been flooded. In the event that the property has been flooded in past which is not disclosed by the vendor, then a purchaser may issue a claim for damages resulting from an misleading reply. The purchaser’s lawyers should also carry out an enviro report. This should higlight if there is any known flood risk. If so, further inquiries will need to be initiated.
I used Wolstenholmes several years past for my conveyancing in Whitstable. I now require my file but the law firm is no longer operating. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Whitstable of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Due to the input of my in-laws I had a survey completed on a property in Whitstable prior to instructing conveyancers. I have been informed that there is a flying freehold overhang to the house. Our surveyor advised that some mortgage companies will refuse to issue a loan on this type of premises.
It depends who your proposed lender is. Lloyds has different requirements from Nationwide. If you call us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Whitstable. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Whitstable to see if the conveyancing costs will increase in light of this.
Hoping to buy a property located in Whitstable and I am already nervous. I couldn't find anything specific about Whitstable. Conveyancing will be needed in due course but do you know about the Whitstable area? or perhaps some other tips you can share?
Rather than looking online forget looking online you should go and have a look at Whitstable. In the meantime here are some basic statistics that we found