My husband and I are buying a 2 bedroom flat in Sowerby Bridge with a mortgage. We have a Sowerby Bridge conveyancer, but the lender says she’s not on their "panel". It seems we have no choice but to appoint one of the lender panel conveyancing practices or continue with our Sowerby Bridge lawyer as well as pay for one of their panel ones to represent them. We regard this is unjust; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Sowerby Bridge conveyancing solicitor to apply to be on the conveyancing panel.
Will conveyancers ask for money up-front when it comes to conveyancing in Sowerby Bridge?
Where you are retaining lawyers for conveyancing in Sowerby Bridge your solicitor will request that you put them with monies to cover the the cost of the conveyancing searches. This will be the total of the cost of the conveyancing searches. If any deposit is as part of the purchase price then this should be asked for immediately prior to exchange of contracts. Any further balance that is due should be transferred shortly before completion.
I am currently in the process of buying my council flat in Sowerby Bridge. I have a mortgage offer with Barclays. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Barclays, you will need to appoint a solicitor on the Barclays conveyancing panel.
I currently have a mortgage with Nottingham for my property in Sowerby Bridge. Conveyancing was finalised months ago. In the event that I decide to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Nottingham?
You must advise Nottingham prior to renting your property as this is likely to be a breach of Nottingham’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Nottingham directly. You need not do this via a Nottingham conveyancing panel lawyer.
It is not clear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Sowerby Bridge building society branch on various occasions and was reassured it wasn't an issue and they would lend. My Sowerby Bridge conveyancing solicitor - who is on the lender conveyancing panel- called to say that they refuse to lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
Provided that the conveyancing practitioner is on the mortgage company panel, they must comply with the CML Handbook provisions for the lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company 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 remaining.
About to purchase a new build apartment in Sowerby Bridge. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Sowerby Bridge
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. 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. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Please confirm the Lease plans are surveyor prepared.
Over the last few months I have been searching for a flat up to £305k and found one round the corner in Sowerby Bridge I like with open areas and station in the vicinity, however it's only got 61 years unexpired on the lease. I can't really find anything else in Sowerby Bridge for this price, so just wondered if I would be making a grave error acquiring a lease with such few years left?
If you need a home loan that many years will be an issue. Discount the price by the anticipated lease extension will cost if not already taken into account. If the existing owner has owned the property for a minimum of twenty four months you could ask them to start the process of the extension and pass it to you. You can add 90 years to the existing lease and have £0 ground rent by law. You should speak to your conveyancing solicitor concerning this matter.