I am nearing exchange of contracts for my flat in Eccleston and St Helens and the estate agent has just telephoned to warn that the purchasers are appointing a new conveyancer. The excuse is that the mortgage company will only deal with property lawyers on their approved list. On what basis would a major lender only engage with specific solicitors rather the firm that they want to appoint to handle their conveyancing in Eccleston and St Helens ?
Banks have always had an approved set of law firms they are content to work with, but in the last few years big names such as Santander, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for decades.
Mortgage companies point to the increase in fraud as the reason for the cull – criteria have been stiffened as a smaller panel is easier to monitor. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are unlikely to have any sway in the decision.
We note that you have a post code search directory listing solicitors on the Aldermore conveyancing panel. Do firms pay you a referral fee if I instruct them for our conveyancing in Eccleston and St Helens?
We are a listing service only for law firms wishing to communicate if they are on the Aldermore conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Eccleston and St Helens.
I am buying a property in Eccleston and St Helens. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Lloyds be concerned?
Given that you are obtaining a mortgage with Lloyds your lawyer must follow the formal requirements set out in Part 2 of UK Finance Lenders’ Handbook for Lloyds. The Council of Mortgage Lenders’ Handbook stipulates minimum provisions for solar panel roof-space leases, and property lawyers are required to report to Lloyds where a lease does not comply with these provisions. The requirements relate to the installation of panels on properties countrywide and is not limited to Eccleston and St Helens.
We expect to receive a AIP from Lloyds 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 Lloyds recommend any Eccleston and St Helens solicitors on the Lloyds conveyancing panel, or is it better to go independently?
You will need to appoint Eccleston and St Helens solicitors independently although you'll need to choose one on the Lloyds conveyancing panel. The solicitor represents both you and Lloyds through the process.
I can not fathom if my bank requires a lease extension. I have called my Eccleston and St Helens bank branch on numerous occasions and was advised it wasn't an issue and they would lend. My Eccleston and St Helens conveyancing solicitor - who is on the mortgage company conveyancing panel- called to say that they will not lend based on their specific requirements. I have no idea who is right.
As long as the conveyancing practitioner is on the lender panel, she or he must adhere to the Council of Mortgage Lenders’ Handbook conditions for the bank. Unless your lawyer obtains specific confirmation in writing that the lender 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 bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
We are downsizing from our house in Eccleston and St Helens and according to the buyers it appears that there is a risk of it being constructed on contaminated land. A local conveyancer would know that there is no such problem. For the life of me I don't know why the purchasers instructed a web based conveyancing outfit rather than a conveyancing solicitor in Eccleston and St Helens. We have lived in Eccleston and St Helens for six years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to obtain clarification that the buyers are looking for.
It would appear that you have a conveyancing lawyer already. What do they say? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
I have just appointed agents to market my garden apartment in Eccleston and St Helens. Conveyancing is yet to be initiated, but I have recently received a half-yearly maintenance charge invoice – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should pay the service charge as you normally would as all ground rent and maintenance invoices should be apportioned as part of the financial calculations for completion monies, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Eccleston and St Helens Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to buying
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It is important to be aware if window replacement or some other significant cost is pending that will be shared amongst the tenants and may well dramatically impact the level of the maintenance costs or require a one time payment. The answer will be useful as a) areas could result in problems for the building as the communal areas may start to deteriorate if repairs are not paid for b) if the leasehold owners have an issue with the managing agents you will wish to have all the details