My solicitor has discovered a a legal deficiency with the lease for the flat we are purchasing in Elephant and Castle. The seller’s lawyers have suggested title insurance as a workaround. We are content with insurance and will pay for it. Our conveyancing practitioner says that he must check that the lender is willing to move forward with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your solicitor 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 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 solicitor will have no choice but to discontinue acting for you.
It is 10 years ago since I bought my home in Elephant and Castle. Conveyancing solicitors have just been instructed on the sale but I can't find the deeds. Will this cause complications?
Don’t worry too much. Firstly there is a chance that the deeds will be retained by your mortgage company or they could stored with the conveyancers who handled your purchase. Secondly the likelihood is that the title will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing lawyers obtaining current official copies of the land registers. The vast majority of conveyancing in Elephant and Castle relates to registered property but in the rare situation where your property is unregistered it adds to the complexity but is resolvable.
I require expedited conveyancing in Elephant and Castle as I have pressure to complete within 2 weeks. Thankfully I do not need a mortgage. Is it possible to escape the need for conveyancing searches to save fees and time?
If.Given you are are a cash purchaser you are at free not to do searches although no solicitor would advise that you don't. Drawing on years of experience of conveyancing in Elephant and Castle the following are instances of what can crop up and therefore affect market value: Enforcement Notices, Overdue Fees, Overdue Grants, Unadopted Roads,...
Do I need to be suspicious about estate agents that I am dealing with are recommending a nationwide conveyancing firm as opposed to a local Elephant and Castle conveyancing company?
As is the case with lots of professional services, often input from connections can be most helpful. But there are many people with a keen interest in a conveyancing matter; estate agents, mortgage brokers and banks might all recommend solicitors to choose. On occasion the lawyers might be known to one of the organisations as being good in their field, but sometimes there behind the scenes commercial relationship behind the recommendation. You have the right to appoint your preferred conveyancer. However, bear in mind that the majority of mortgage providers operate an approved list of law firms you have to use for the mortgage related work in your transaction.
Estate agents have just been given the go-ahead to market my ground floor flat in Elephant and Castle.Conveyancing is yet to be initiated but I have just had a yearly service charge invoice – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should pay the maintenance contribution as you normally would given that all ground rent and maintenance invoices will be apportionedas 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 next payment date. Most managing agents 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