I am progressing with the sale of my apartment in Harlow and the EA has just telephoned to say that the purchasers are swapping conveyancer. The reason given is that the mortgage company will only engage with property lawyers on their approved list. On what basis would a big named lender only deal with specific law firms rather the firm that they want to appoint for their conveyancing in Harlow ?
Mortgage companies have always had an approved set of law firms that can act for them, but in recent years big names such as Yorkshire Building Society, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 15 years.
Mortgage companies attribute this action to a rise in fraud by way of justification for the reduction – criteria have been tightened as a smaller panel is easier to oversee. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are not going to have any sway in the decision.
We have very brash sellers who has suggested a preliminary agreement with a payment 10k. Are such agreements sensible?
There are two primary drawbacks with executing a lock out agreement (also referred to as a no-shop agreement) is that it takes away the focus from making progress with the conveyancing process, so in the absence of it needing limited or no negotiation then it may turn out to be a cause of frustration and delay. It is not strongly advocated by Harlow conveyancing solicitors as a result. A further concern is the extent of the remedies available - a jilted purchaser is not likely to be issued with an injunction to prevent the owner completing the sale to another buyer, so the only remedy open via the agreement will be the reimbursement of wasted costs and, in limited scenarios, the extra payment of damages.
I have paid off my mortgage with Nationwide. I assume I don't need a Harlow property lawyer on the Nationwide panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Nationwide mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Nationwide mortgage from the register. Nationwide, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Nationwide has sent the Land Registry the discharge electronically, and
- Nationwide has instructed the Land Registry to do so
Completion of my purchase has taken place for my property in Harlow. Conveyancing was of an acceptable standard but I feel I should register my dissatisfaction about the lender. How do I make a complaint?
Most banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. We understand that complaints to a lender are resolved very quickly. 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.
I can not fathom if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Harlow bank branch on a couple of occasions and was advised it wasn't an issue and they will lend. My Harlow conveyancing solicitor - who is on the bank conveyancing panel- called and was told they refuse to lend based on their published requirements. I simply don't know who is right.
Your conveyancing practitioner has to follow the Council of Mortgage Lenders’ Handbook section two provisions for your lender. 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
I have justbecome aware that Wolstenholmes have been shut down. They conducted my conveyancing in Harlow for a purchase of a leasehold apartment 10 months ago. How can I check that my home is in my name in the name of the previous owner?
The easiest way to check if the property is registered to you, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Harlow conveyancing specialists.
Taking into account that I am about to spend over three hundred thousand on a two bedroom apartment in Harlow I would like to talk to a solicitor concerning thehome move prior to giving the go ahead to the firm. Can this be arranged?
We could not agree more - it is our preference to talk to you we do not take any clients on without you speaking to the solicitor who will be conducting your property ownership legalities in Harlow.There is no ‘factory style conveyancing’ - each client is an important individual, not a case reference. The practices that we put you in touch with believe that the figure you are calculated and presented to you for residential conveyancing in Harlow should be the amount on the final invoice that you are charged.