My husband and I are purchasing a brand new flat in Dinas Powys and my conveyancer is informing me that she is duty bound to the bank to reveal incentives from the seller. I am nearing the developer’s deadline to exchange and I have no desire to prolong matters. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your property lawyer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook provisions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
My flat in Dinas Powys is up for sale and I have a buyer. Does my lawyer need to be on the TSB conveyancing panel in order to deal with repayment of my mortgage?
Ordinarily, even if your lawyer is not on the TSB conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently at the moment.
We previously chose conveyancing lawyers based in Dinas Powys on the Barclays solicitor approved list. They have just invoiced me an additional amount for dealing with the Barclays mortgage. Is this an additional conveyancing fee set by Barclays?
Unfortunately, as long as it is in their Terms of Engagement or estimate then yes your solicitor may charge a fee for this. The charge is not dictated by Barclays but by your Dinas Powys conveyancing practitioner. Plenty of firms on the Barclays panel will levy ’dealing with mortgage’ fee but plenty of firms incorporate it on their overall fee.
Completion of my purchase has taken place for my property in Dinas Powys. Conveyancing was a necessary evil but I would like to complain about the lender. Who do I contact should I wish to lodge a complaint?
Most lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Department at head office. We understand that complaints to a lender are sorted out effectively and efficiently. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
It is not clear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Dinas Powys bank branch on various occasions and was advised it wasn't a problem and they would lend. My Dinas Powys conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
As long as the property lawyer is on the lender panel, she or he must comply with the CML Handbook provisions for the bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Yesterday I discovered that there is a flying freehold element on a property I have offered on last month in what should have been a simple, no chain conveyancing. Dinas Powys is where the house is located. Is there any advice you can impart?
Flying freeholds in Dinas Powys are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Dinas Powys 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 Dinas Powys 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 premises.
I acquired a house in Dinas Powys last 1/11/2023 and to date it is still not registered with HMLR. It was part of a new estate and my conveyancing practitioner told me that it may take 12 months to complete the registration formalities. I have contacted HM Land Registry directly and they have informed me the original application was cancelled due to failure to reply to requisitions. Do I need to be concerned?
get in touch with your conveyancing practitioner - Where you are unsatisfied with the responses, find out about their internal complaints process and amplify your concerns to a Partner. Registrations for Dinas Powys conveyancing are not known to be particularly slow.