We are planning to purchase a 2 bedroom flat in Holton le Clay with a mortgage. We would like to retain our Holton le Clay solicitor, but the mortgage company says he's not on their "panel". It seems we have little option but to select one of the lender panel conveyancing practices or retain our Holton le Clay conveyancer as well as pay for one of their panel ones to represent them. This seems very unfair; is there anything we can do?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Holton le Clay conveyancing lawyer to apply to be on the conveyancing panel.
It is a dozen years since I acquired my house in Holton le Clay. Conveyancing lawyers have recently been appointed on the sale but I can't find my deeds. Is this a major issue?
You need not be too concerned. Firstly there is a possibility that the deeds will be kept by your lender or they could still be with the lawyers who oversaw your purchase. Secondly in most cases the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. Almost all conveyancing in Holton le Clay relates to registered property but in the unlikely event that your property is not registered it adds to the complexity but is resolvable.
Various internet forums that I have visited warn that are the number one cause of delay in Holton le Clay conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) released findings of research by MoveWithUs that conveyancing searches do not feature within the common causes of delays in the conveyancing process. Local searches are unlikely to feature in any holding up conveyancing in Holton le Clay.
Over the last few months I have been searching for a ground for flat up to £245,000 and found one near me in Holton le Clay I like with a park and railway links in the vicinity, however it only has 61 years on the lease. I can't really find anything else in Holton le Clay in this price bracket, so just wondered if I would be making a mistake acquiring a short lease?
Should you require a home loan the shortness of the lease will be an issue. Reduce the offer by the amount the lease extension will cost if it has not already been discounted. If the current owner has owned the premises for a minimum of twenty four months you can ask them to commence the lease extension formalities and then assign it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should consult your conveyancing solicitor regarding this.
My friend mentioned that when choosing a conveyancing firm they need approved by your lender. This is my first home move but I have an AIP via Santander and I already have a bricks and morter conveyancing solicitor in Holton le Clay at the ready. Can Santander insist on an approved lawyer to be selected? If so, where can I find that list so I can pick a conveyancing lawyer in Holton le Clay?
You should use a solicitor that is on the Santander panel. Just telephone your preferred Holton le Clay conveyancing solicitor and ask if they are on the Santander panel. If they are not on the panel you have numerous choices open to you here:
- Carry on with your existing Holton le Clay solicitor but Santander will need to use a conveyancing practitioner on their approved panel. The net result is additional cost and likely delay.
- Choose a fresh lawyer to act in the purchase, not forgetting to check that they are on the Santander conveyancing panel.
- Convince your conveyancing practitioner to pull out all the stops to get accepted on the Santander panel of solicitors.