Our lawyer has discovered a a legal deficiency with the lease for the property we are purchasing in Dunchurch. The seller’s lawyers have suggested defective title insurance as a workaround. We are content with insurance and will pay for it. Our property lawyer has advised that he must be satisfied that the lender is content with this solution. Who is the client here, us or the mortgage company ?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company 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 conveyancing practitioner will have no choice but to discontinue acting for you.
It is 10 years ago since I purchased my home in Dunchurch. Conveyancing lawyers have now been appointed on the sale but I am unable to track down my deeds. Is this a major issue?
You need not be too concerned. Firstly the deeds may be kept by your mortgage company or they could be in the possession of the lawyers who handled the purchase. Secondly the likelihood is that the land will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors acquiring up to date copy of the land registers. Almost all conveyancing in Dunchurch relates to registered property but in the unlikely event that your home is unregistered it is more of a problem but is not insurmountable.
Me and my partner are purchasing a property in Dunchurch. I might seem paranoid but how we can trust a lawyer? At some point we have to send money into their account. What is the protection we have from them run away with our monies?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
We are due to move home in January. Does my conveyancing solicitor communicate with the removal company on the completion day. Incidentally, can you suggest a removal company in Dunchurch. Conveyancing lawyer was organised before I stumbled across your page.
On the day of completion you can collect the keys from the estate agent however this can only occur after the previous owners solicitors advise the agent that they acknowledge receipt of the completion payment and the keys can be passed over. After that you will need to tell the removal men that you are ready to move in. As a matter of policy we do not recommend a particular removal company but can help you find a residential property solicitor in Dunchurch or a lawyer with expertise in conveyancing in Dunchurch.
We were going to get a OIP from RBS this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do RBS recommend any Dunchurch solicitors on the RBS conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Dunchurch solicitors independently although you'll need to choose one on the RBS conveyancing panel. The solicitor represents both you and RBS through the process.
How does conveyancing in Dunchurch differ for new build properties?
Most buyers of new build or newly converted property in Dunchurch contact us having been asked by the seller to sign contracts and commit to the purchase even before the house is finished. This is because builders in Dunchurch tend to buy the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Dunchurch or who has acted in the same development.
In my capacity as executor for the will of my grandmother I am selling a house in Monmouth but live in Dunchurch. My conveyancer (approximately 250 miles from meneeds me to sign a stat dec ahead of completion. Could you suggest a conveyancing solicitor in Dunchurch to witness and place their company stamp on the document?
strictly speaking you should not be required to have the documents attested by a conveyancing solicitor. Ordinarily or notary public or solicitor will do regardless of whether they are based in Dunchurch