We are purchasing a 2 bedroom apartment in Copmanthorpe with a mortgage. We like our Copmanthorpe solicitor, but the lender says she’s not on their "panel". We have to appoint one of the lender panel conveyancing practices or keep our Copmanthorpe property lawyer and pay for one of their panel ones to represent them. We feel that this is unjust; are we not able to require that the mortgage company use our Copmanthorpe lawyer ?
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 Copmanthorpe conveyancing lawyer to apply to be on the conveyancing panel.
Is it necessary during the course of the conveyancing process to visit the offices of the solicitor to sign the legal charge? If so, I will choose one who does conveyancing in Copmanthorpe so that I can attend their offices when needed.
Whereas this was necessary 15 years ago, the vast majority lenders no longer oblige their conveyancing panel lawyer to witness the borrowers signature. It will still be necessary for you to hand over identification documents and there are still manifest benefits to using a locally based ayer, in your situation a conveyancing solicitor in Copmanthorpe.
My aunt advised me that in buying a property in Copmanthorpe there may be a number of restrictions affecting the ability to carry out external alterations to the property. Is this right?
We are aware of a number of properties in Copmanthorpe which have some sort of restriction or requirement of consent to external alterations. Part of the conveyancing in Copmanthorpe should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
Can you point me to a directory of Kent Reliance panel solicitors in Copmanthorpe on the Council of Mortgage Lender’s Website?
Unfortunately not yet. There is no such facility on the Council of Mortgage Lenders or Building Society Association sites. A small selection of lenders make their panel listings viewable online. Where you are in need of a Copmanthorpe lawyer on the Kent Reliance please make the most of our tool.
I have instructed a Copmanthorpe lawyer having checked that they are on the HSBC conveyancing panel. Does my lawyer arrange the survey of the property?
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. Your conveyancing practitioner will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Copmanthorpe postcode. As you are getting a mortgage with HSBC, you could contact them to see if they have a list of approved surveyors in Copmanthorpe.
About to purchase a new build flat in Copmanthorpe. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Copmanthorpe
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Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.
I am looking for a flat up to £305k and identified one round the corner in Copmanthorpe I like with open areas and railway links in the vicinity, the downside is that it's only got 52 years on the lease. I can't really find anything else in Copmanthorpe in this price bracket, so just wondered if I would be making a grave error acquiring a lease with such few years left?
Should you require a mortgage that many years may be problematic. Reduce the price by the anticipated lease extension will cost if not already taken into account. If the existing owner has owned the property for at least twenty four months you could ask them to commence the lease extension formalities and then assign it to you. An additional ninety years can be extended on to the existing lease term with a zero ground rent applied. You should consult your conveyancing lawyer regarding this matter.