My solicitor has uncovered a a legal deficiency with the lease for the apartment we are purchasing in Mottingham. The seller’s lawyers have suggested defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our lawyer has advised that he must ensure that the mortgage company is happy with this solution. Are we the client or is the mortgage company ?

Even though you have a mortgage offer from the bank does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the bank are the client. The appropriate lender provisions have to be complied with.

Please help - my lawyer says that missing deeds insurance is required on my purchase. What is the level of cover for Mottingham conveyancing?

The right level of missing deeds indemnity insurance should be dictated by who who your lender is. It would differ for example between HSBC Bank and Bank of Scotland. Conveyancing solicitors as opposed to borrowers take out such policies.

Are all Mottingham Conveyancing Quality Solicitors on the TSB conveyancing panel?

A selection of lenders now utilise the accreditation scheme as the kick off point for Panel approval such as HSBC and Santander. The Law Society’s CQS accreditation however is no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitor practices wishing to join their panels.

When it comes to lenders such as Bank of Ireland, do Mottingham lawyers face an annual charge to be on the list of approved solicitors?

We are unaware of any bank fees to register on their panel, although some do charge an administration charge to deal with the processing of the conveyancing panel submission.

The estate agent has sent us the confirmation of our purchase of a new build apartment in Mottingham. Conveyancing is daunting 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 legal work.

Here is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Mottingham

Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. There must be mutual enforceability of lessee’s covenants. Forfeiture - bankruptcy or liquidation must not apply under this provision. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? 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.

I opted to have a survey carried out on a property in Mottingham ahead of instructing conveyancers. I have been advised that there is a flying freehold element to the house. My surveyor has said that some banks tend refuse to grant a loan on a flying freehold home.

It depends who your proposed lender is. HSBC has different requirements for example to Nationwide. If you call us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Mottingham. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Mottingham to see if the conveyancing costs will increase in light of this.

As co-executor for the estate of my aunt I am disposing of a property in Cardiff but reside in Mottingham. My solicitor (based 235 miles awayhas requested that I execute a statutory declaration before completion. Could you suggest a conveyancing solicitor in Mottingham to witness this legal document for me?

strictly speaking you should not be required to have the documents attested by a conveyancing solicitor. Normally any notary public or qualified solicitor will suffice regardless of whether they are Mottingham based