I am one month into the sale of my maisonette in Old Malden and the EA has just text me to warn that the purchasers are swapping law firm. The reason given is that the lender will only engage with solicitors on their approved list. Why would a leading lender only engage with certain solicitors rather the firm that they want to appoint to handle their conveyancing in Old Malden ?
Banks have always had panels of law firms that can act for them, but in the past few years big names such as Nationwide, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for over 25 years.
Banks blame a rise in fraud as the reason for the pruning – criteria have been stiffened as a smaller panel is easier to maintain. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Some 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 impact on this.
Can you explain why leasehold purchase conveyancing in Old Malden costs more?
Old Malden leasehold properties involve far more paperwork than a freehold purchase, and therefore takes more time to examine and advise upon.Conveyancing will involve the lease having to be checked which is usually a lengthy document, queries raised to ensure that the covenants and conditions have been observed. If it is a flat there will be a management company in existence and the accounts of this will need to be checked and enquiries raised to ensure it is operating efficiently and that all monies due have been paid by the Seller to the company and if not ensuring that money is paid up to date or the appropriate undertakings obtained.
I am planning on selling our property in Old Malden and the buyers lawyers are claiming that there is a possibility that the property was built land that was not decontaminated. Any high street Old Malden lawyer would know that there is no such problem. For the life of me I don't know why the purchasers instructed an internet conveyancing practice as opposed to a conveyancing solicitor in Old Malden. We have lived in Old Malden for six years we know of no issue. Is it a good idea to get in touch with our local Authority to obtain clarification that there is no issue.
It sounds as though you may have a conveyancing firm currently acting for you. What do they say? You need to check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
Due to the advice of my in-laws I had a survey completed on a house in Old Malden in advance of retaining solicitors. I have been advised that there is a flying freehold element to the house. My surveyor has said that some banks may refuse to grant a mortgage on such a home.
It varies from the lender to lender. Santander has different instructions for example to Halifax. Should you wish to telephone us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Old Malden. Conveyancing may be slightly more expensive based on your lender's requirements.
Our lawyer in Old Malden is asking me for personal identification documents asserting that this is part of his requirements as a solicitor on the mortgage company Solicitor panel. Is this right?
Anti-terror and anti-money-laundering rules require Old Malden conveyancing solicitors and licensed conveyancers to verify the identity of the person or body they are dealing with before they can accept their conveyancing business. The Client Care letter that you need to sign will no doubt confirm this. Your lawyer is right that the mortgage company also require certain documents to be viewed. If a you refuse to provide ID verification documents, your conveyancer would not be able to accept instructions from you. Your lawyer also has obligations to obtain certain documents in accordance with the mortgage company's UK Finance Lenders’ Handbook requirements