My partner and I are looking to buy a flat in Halewood and have instructed a Halewood conveyancing practice. Within the last couple of days our solicitor has forwarded the sale agreement to be signed with a detailed report with the expectation that exchange is imminent. Britannia have this evening contacted us to inform me that there is now an issue as our Halewood solicitor is not on their conveyancing panel. What do we do from here?
If you are buying a property requiring a mortgage it is conventional for the purchasers' lawyers to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on the lender’s conveyancing panel and you may continue to use your own Halewood solicitors, in which case it will likely add costs, and it will likely delay the transaction as you have another set of people involved.
Due to move into my new home in Halewood next Monday. My lawyer now wants me to supply her with proof of content and building insurance for the property as he says that he has to check this in his capacity as lawyer for the lender. What does the insurance need to cover?
All property lawyers on acting for lenders would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s UK Finance Lenders’ Handbook requirements. These obligations are not limited to conveyancing in Halewood.
My uncle passed away last year and as sole heir and executor I was left the property in Halewood. The house had a small mortgage remaining of approximately £4500. I want to have the title changed into my name whilst I re-mortgage to Bank of Ireland, pay off the mortgage. Is this allowed?
Where you intend to refinance then Bank of Ireland will require that you use a conveyancer on the Bank of Ireland conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Bank of Ireland conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Bank of Ireland mortgage is registered as a charge at the Land Registry.
Will our conveyancer be raising enquiries about flooding during the conveyancing in Halewood.
Flooding is a growing risk for solicitors carrying out conveyancing in Halewood. Some people will acquire a house in Halewood, fully aware that at some time, it may be flooded. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not qualified to impart advice on flood risk, but there are a various searches that can be carried out by the buyer or on a buyer’s behalf which will figure out the risks in Halewood. The conventional set of property information forms supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the owner to find out if the premises has historically flooded. In the event that the premises has been flooded in past which is not disclosed by the owner, then a purchaser may issue a legal claim for losses resulting from an inaccurate reply. A buyer’s solicitors may also conduct an enviro search. This will higlight if there is any known flood risk. If so, further inquiries should be carried out.
I am looking for a conveyancing practitioner in Halewood for my home move. Can I see a solicitor's record with the profession’s regulator?
One may see presented Solicitor Regulator Association (SRA) determinations arising from investigations commenced on or after 1 January 2008. Go to Check a solicitor's record. To find information about the period before 1 January 2008, or to check a solicitors history, call 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, use +44 (0)121 329 6800. The SRA sometimes monitor call for training purposes.