It is 10 years ago since I acquired my home in Sanderstead. Conveyancing solicitors have recently been retained on the sale but I can't find the title documents. Will this cause complications?
Don’t worry too much. Firstly the deeds may be retained by the lender or they could stored with the conveyancers who oversaw the purchase. Secondly the chances are that the property will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors procuring up to date copy of the land registers. Almost all conveyancing in Sanderstead involves registered property but in the unlikely event that your home is not registered it adds to the complexity but is resolvable.
Having spent time researching mumsnet.com for a high-quality lawyer in Sanderstead, many say that I should look for a CQS kitemarked solicitor. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised quality mark for legal experts in buying or selling property, trusted by some of the UK's biggest banks. Four years ago the Conveyancing Quality Scheme was officially recognised by the Building Societies Association (BSA). The scheme does not cover licenced conveyancers. Sanderstead is one of the numerous areas of the UK where there are Accredited lawyers.
I have been told that property searches are the main reason for obstruction in Sanderstead house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) has noted the determinations of a review by MoveWithUs that conveyancing searches do not feature amongst the most frequent causes of hindrances in the conveyancing process. Searches are not likely to be the root cause of delay in conveyancing in Sanderstead.
Despite weeks of looking the Title Certificate and documents to our home are lost. The conveyancers who conducted the conveyancing in Sanderstead 4 years ago no longer exist. What do I do?
In today’s world there are duplicates made of almost everything, and your conveyancer should be aware precisely where to find all the suitable documentation so you may buy or sell your house without any difficulty. Where duplicates can’t be found, your lawyer can put in place insurance or indemnities against future claims on the property.
Our solicitor in Sanderstead has identified a defect with the lease for the property we are buying in Sanderstead. The seller’s lawyers have suggested title insurance as a workaround. We are happy with insurance and will cover the costs. Our lawyer has advised that as he is on the mortgage company conveyancing panel he must check that the lender is happy with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. A precondition to being on the mortgage company approved panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects will the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.