My husband and I are planning to purchase a flat in Bingham and have appointed a Bingham conveyancing practice. Within the last couple of days our solicitor has forwarded the sale agreement to be signed with a detailed report with a view to exchanging next week. Barclays have this evening contacted us to inform me that they have now hit a problem as our Bingham solicitor is not on their conveyancing panel. Please explain?
When purchasing a property with the benefit of a mortgage it is conventional for the purchasers' lawyers to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the lender’s conveyancing panel as you are at liberty to use your preferred Bingham lawyers, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.
All was ready to move into my new home in Bingham next Tuesday. I have now been asked to send a copy of my building insurance schedule by my solicitor as he says that he has to check this in his capacity as lawyer for the lender. What does the insurance need to cover?
Any lawyer on acting for lenders would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s Part 2 requirements. These obligations are not limited to conveyancing in Bingham.
I own a freehold property in Bingham but still pay rent, why is this and what is this?
It’s unusual for properties in Bingham and has limited impact for conveyancing in Bingham but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the creation of fresh rentcharges post 1977.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.
Are all Bingham Conveyancing Quality Solicitors on the Leeds Building Society conveyancing list of approved practices?
It is true that some banks and building societies now make use of CQS as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of firms.
Does a directory service exist listing Yorkshire BS panel conveyancers in Bingham on the Council of Mortgage Lender’s Website?
No. There is no such tool on the Council of Mortgage Lenders or Building Society Association sites. Very few banks make their panel listings open the public on the web. Where you are looking for a Bingham property lawyer on the Yorkshire BS please make the most of our facility.
We previously instructed solicitors located in Bingham on the Principality solicitor panel. They are now charging me a further sum for dealing with the Principality mortgage. Is this an additional conveyancing fee set by Principality?
As unfair as it may seem, as long as it’s in their Terms of Engagement or estimate then yes your conveyancer can charge a fee for this. The charge is not dictated by Principality but by your Bingham solicitor. Plenty of firms on the Principality panel will quote an ‘acting for lender’ fee but some firms include it on their overall fee.
I am buying a garden flat in Bingham. Conveyancing solicitor has been waiting for, from the owner, building insurance schedule. This morning I was informed that the vendor must send the insurance schedule for the flat above in addition. Why does my lawyer want to see the insurance for the other flat? Is it really necessary? We have been in hold for the previous month…
It is not impossible in leasehold conveyancing in Bingham to find Conveyancing in Bingham in a minority of cases reveals that the lease requires the tenant's to insure their individual flats rather than the freeholder insuring the entire property - which is definitely better. You should check with your property lawyer but it would appear that your lawyer is seeking to establish that the whole building is insured. Insuring a ground floor apartment is no help when it comes to rebuilding after a fire if the other flat cannot be reconstructed for lack of insurance cover.