I am selling my house in Market Rasen and the estate agent has just telephoned to warn that the buyers are swapping solicitor. The excuse is that the bank will only work with solicitors on their conveyancing panel. On what basis would a big named mortgage company only engage with specific lawyers rather the firm that they want to select for their conveyancing in Market Rasen ?
Lenders have always had an approved set of law firms they are willing to work with, but in the past few years big names such as HSBC, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 15 years.
Lending institutions point to the increase in fraud by way of justification for the cull – criteria have been stiffened as a smaller panel is easier to keep an eye on. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says 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 buyers are unlikely to have any sway in the decision.
Due to complete my purchase in Market Rasen next Tuesday. I have now been asked to send a copy of my building insurance schedule by my solicitor as he says that he has to check this in his capacity as lawyer for the mortgage company. What does the insurance need to cover?
All property lawyers on acting for mortgage companies 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 Part 2 instructions. These obligations are not limited to conveyancing in Market Rasen.
The deeds to our home are lost. The solicitors who conducted the conveyancing in Market Rasen 4 years ago have long since closed. Will I be able to sell the house?
Gone are the days when you need to hold title deeds to evidence that you are the owner of your registered land or premises, as the Land Registry have everything they need in a digital format.
Due to the encouragement of my in-laws I had a survey completed on a property in Market Rasen prior to appointing solicitors. I have been advised that there is a flying freehold overhang to the property. Our surveyor has said that some lenders tend not give a loan on this type of property.
It depends who your proposed lender is. Bank of Scotland has different instructions from Halifax. If you e-mail us we can investigate further with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Market Rasen. Conveyancing will be smoother if you use a solicitor in Market Rasen especially if they regularly deal with such properties in Market Rasen.
Do you have any top tips for leasehold conveyancing in Market Rasen from the point of view of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Market Rasen can be bypassed where you instruct lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ solicitors. If there is a history of any disputes with your landlord or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is better to present the dispute as historic as opposed to unresolved. If you hold a share in a the Management Company, you should make sure that you have the original share certificate. Obtaining a re-issued share certificate is often a time consuming process and delays many a Market Rasen home move. If a duplicate share is needed, do contact the company director and secretary or managing agents (where applicable) for this sooner rather than later. You may think that you are aware of the number of years left on your lease but you should verify this by asking your conveyancers. A purchaser's conveyancer will not be happy to advise their client to to exchange contracts if the remaining number of years is under 75 years. In the circumstances it is important at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale. In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Market Rasen leases often stipulate that internal structural alterations or laying down wooden flooring necessitate a licence issued by the Landlord acquiescing to such changes. Should you fail to have the approvals to hand you should not communicate with the landlord without checking with your conveyancer first.
Market Rasen Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to Purchasing
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The best form of lease arrangement is a share of the freehold. In this arrangement the lessees benefit from control and notwithstanding that a managing agent is often employed if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. Are there any major works in the near future that will likely add a premium to the maintenance charges? On the whole the outlay for major works are not included within maintenance charges, albeit that some managing agents in Market Rasen ask leaseholders to contribute towards a reserve fund created for the specific purpose of building a fund for larger repairs or maintenance.