Our solicitor has discovered a a problem with the lease for the apartment we are buying in Hersham. The seller’s lawyers have offered defective title insurance as a solution. We are content with insurance and will cover the costs. Our lawyer has advised that he must be satisfied that the bank is willing to move forward with this solution. Are we the client or is the mortgage company ?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your conveyancing practitioner 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 solicitor will have no choice but to discontinue acting for you.
My wife and I are buying a flat in Hersham. It might be a silly question but how we can trust a lawyer? On completion day we have to deposit 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.
Can you help - my lawyer says that lack of right of way insurance is necessary on my purchase. What is the typical level of cover needed for conveyancing in Hersham?
The appropriate level of lack of right of way indemnity insurance should be dictated by who your lender. It would differ for example between Halifax and Coventry Building Society. Conveyancing solicitors as opposed to borrowers take out such policies.
I have paid off my mortgage with RBS. I assume I don't need a Hersham solicitor on the RBS panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your RBS 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 RBS mortgage from the register. RBS, 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 RBS has sent the Land Registry the discharge electronically, and
- RBS has instructed the Land Registry to do so
Due to the guidance of my in-laws I had a survey completed on a property in Hersham ahead of instructing conveyancers. I have been informed that there is a flying freehold element to the property. My surveyor has said that some banks will not grant a loan on a flying freehold house.
It depends who your proposed lender is. HSBC has different requirements from Birmingham Midshires. If you contact us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Hersham. Conveyancing may be slightly more expensive based on your lender's requirements.
I am selling my home. My past conveyancers have shut. It would be helpful to have a recommendation of a conveyancing firm. Im based in Hersham if that makes a difference.
You should use our search tool to help you find a solicitor for your conveyancing in Hersham. We have connected thousands of home buyers and sellers with lender approved solicitors to ensure that the legalities of their house move goes smoothly.
I have been sourcing a conveyancing lawyer in Hersham for my remortgage. Can I check a solicitor's complaints history with the profession’s regulator?
Members of the public can search for presented Solicitor Regulator Association (SRA) determinations stemming from inquisitions started on or after 1 January 2008. Visit Check a solicitor's record. For details Pre 2008, or to check a firm's record, call 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, call +44 (0)121 329 6800. The regulator could monitor telephone calls for training purposes.