My husband and I are looking to acquire a property in Longbenton and have instructed a Longbenton conveyancing practice. Within the last couple of days our solicitor has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Godiva Mortgages Ltd have this afternoon contacted us to advise us that there is now an issue as our Longbenton conveyancer is not on their approved list of lawyers. 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 Accreditation Scheme. Your solicitor 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 lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel and you may continue to use your own Longbenton solicitors, in which case your legal fees may increase, and it may delay matters as you have another set of people involved.
I can see plenty of here about conveyancing in Longbenton but what is your top tip for appointing the right conveyancer in Longbenton
It would be unwise to be seduced by the cheapest Longbenton conveyancing fees. You really do get what you pay for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.
I happen to be the only recipient of my late mum's estate and I have everything in my name now, including the house in Longbenton. The Longbenton property was put into my name in November. I want to move. I understand that there is a Mortgage Lenders 6 month 'rule', which means that my proprietorship will be treated the same way as if I'd bought the property in November. Do I have to wait half a year to sell?
The CML handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be affected by that. Some mortgage companies would take a pragmatic view as this clause primarily exists to capture the purchase and immediately sell or the flipping of properties.
It is not clear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Longbenton building society branch on a couple of occasions and was told they are content with the situation and they will lend. My Longbenton conveyancing solicitor - who is on the bank conveyancing panel- called to say that they refuse to lend in accordance with their published requirements. I have no idea who is right.
As long as the property lawyer is on the lender panel, she or he must follow the CML Handbook specifications for the lender. Unless your lawyer obtains specific confirmation in writing that the bank 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 lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Various internet forums that I have frequented warn that are the main reason for hinderance in Longbenton conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) released determinations of research by MoveWithUs that conveyancing searches do not figure amongst the common causes of hindrances in the conveyancing process. Searches are not likely to be the root cause of holding up conveyancing in Longbenton.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Longbenton. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Longbenton
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If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Please supply a car parking plan. Forfeiture - bankruptcy or liquidation must not apply under this provision. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore.
Is there a distinction between surveying and conveyancing in Longbenton?
Conveyancing - in Longbenton or elsewhere - is the process of legally transferring legal title of property from one person to another. It therefore includes the investigation of the title. Whether buying or selling, you should be aware of anything affecting the property such as proposals by government departments, illegal buildings, or outstanding rates. The conveyancer should conduct the appropriate searches and inquiries on the property. Surveying relates to the structure of a property itself. A surveyor will look at a house, flat and any outbuildings you’re purchasing and will help you discover the condition of the building and, if there are problems, give you leverage for reducing the price down or asking the vendor to fix the defects before you complete your move.