My fiance and I are planning to purchase a house in Staffordshire and are in fact using a Staffordshire conveyancing practice. Within the past 48 hours our conveyancer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Barclays Direct have this evening contacted us to inform me that there is now an issue as our Staffordshire conveyancer is not on their conveyancing panel. Is this a problem?
If you are buying a property with the assistance of a mortgage it is normal for the purchasers' solicitors to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the bank's conveyancing panel and you may continue to use your own Staffordshire solicitors, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.
In what way does my ID and proof of funds have anything to do with my conveyancing in Staffordshire? What am I being asked for?
To satisfy the Money Laundering Regulations any Staffordshire conveyancing firm will require proof of identity in all conveyancing matters. This is normally satisfied by provision of a passport and an original bank statement or utility bill evidencing where you reside.
In accordance with Money Laundering Regulations, property lawyers are required to ascertain not simply the identity of conveyancing clients but also the source of fund that they receive in respect of any matter. Refusal to disclose this may lead to your solicitor ending their relationship with you, as clearly this will cause a conflict between the set Regulations and a refusal to disclose.
Your conveyancers will have an obligation to inform the relevant authorities should they believe that any amounts received by them may contravene the Money Laundering Regulations.
Yesterday I discovered that there is a flying freehold element on a house I have offered on last month in what should have been a quick, no chain conveyancing. Staffordshire is where the house is located. Can you shed any light on this issue?
Flying freeholds in Staffordshire are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Staffordshire you would need to get your solicitor to go through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Staffordshire may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
As co-executor for the estate of my uncle I am disposing of a property in Newport but live in Staffordshire. My lawyer (approximately 300 kilometers awayneeds me to execute a statutory declaration prior to the transaction finalising. Can you recommend a conveyancing lawyer in Staffordshire to attest this legal document for me?
strictly speaking you should not need to have the documents attested by a conveyancing solicitor. Normally or notary public or solicitor will do regardless of whether they are located in Staffordshire
I own a leasehold house in Staffordshire. Conveyancing and Yorkshire Building Society mortgage are in place. I have received a letter from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in Staffordshire who acted for me is not around. What should I do?
First make enquiries of HMLR to be sure that this person is in fact the new freeholder. You do not need to instruct a Staffordshire conveyancing practitioner to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I purchased a 1st floor flat in Staffordshire, conveyancing having been completed half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar flats in Staffordshire with a long lease are worth £176,000. The average or mid-range amount of ground rent is £50 per annum. The lease finishes on 21st October 2105
With just 80 years unexpired we estimate the price of your lease extension to span between £8,600 and £9,800 plus costs.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of comprehensive due diligence. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information without first getting professional advice.