My conveyancer has identified a defect with the lease for the property we are purchasing in Brownhills. The seller’s lawyers have offered title insurance as a workaround. We are content with insurance and will cover the costs. Our conveyancer says that he must ensure that the lender is willing to move forward with this solution. Who is the client here, us or the mortgage company ?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your property lawyer will have no choice but to discontinue acting for you.
My Conveyancer in Brownhills has never been on on the Norwich and Peterborough Building Society Conveyancing Panel. Is it possible for me to use my family solicitor even though they are excluded from the Norwich and Peterborough Building Society panel of approved conveyancing solicitors?
The limited options open to you here include:
- Carry on with your existing Brownhills lawyers but Norwich and Peterborough Building Society will need to use a lawyer on their list of acceptable firms. This will inevitably rack up the total legal charges as well as cause delays.
- Find a new lawyer to act in the conveyancing, remembering to check they are on the Norwich and Peterborough Building Society panel
I have justbecome aware that Action Conveyancing have closed. They carried out my conveyancing in Brownhills for a purchase of a leasehold apartment 12 months ago. How can I be sure that my home is in my name in the name of the former proprietor?
The easiest way to see if the property is registered to you, you can make 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 Brownhills conveyancing specialists.
I've recently found out that there is a flying freehold element on a property I have offered on a fortnight ago in what was supposed to be a straight forward, chain free conveyancing. Brownhills is the location of the property. What do you suggest?
Flying freeholds in Brownhills 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 Brownhills you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Brownhills may decide 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.
As co-executor for the estate of my aunt I am disposing of a property in Monmouth but live in Brownhills. My solicitor (based 260 kilometers awayrequires that I execute a stat dec ahead of completion. Could you suggest a conveyancing practitioner in Brownhills to witness this legal document for me?
strictly speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Normally or notary public or qualified solicitor will do regardless of whether they are based in Brownhills