My wife and I are buying a 2 bedroom apartment in Weymouth with a mortgage. We have a Weymouth conveyancer, however the mortgage company advise she’s not on their "panel". We have to appoint one of the mortgage company panel firms or keep our Weymouth conveyancing practitioner and pay for one of their panel ones to act for them. We regard this is unjust; is there anything we can do?
Unfortunately,no. Your mortgage offer 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 Weymouth conveyancing lawyer to apply to be on the conveyancing panel.
Last October we completed a house move in Weymouth. We have since encountered a number of problems with the house which we believe were missed in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that should have been ordered as part of conveyancing in Weymouth?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Weymouth. Conveyancing searches and due diligence initiated during the buying process are carried out to help avoid problems. As part of the process, a property owner completes a form referred to as a Seller’s Property Information Form. answers provided is misleading, then you may have a claim against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Weymouth.
We had instructed conveyancing lawyers located in Weymouth on the Virgin Money solicitor approved list. They are now charging me an additional fee for the legal aspects of the Virgin Money mortgage. Is this a supplemental conveyancing fee set by Virgin Money?
Provided it is contained in their Terms of Engagement or Quote then yes your solicitor is entitled to levy a fee for this. The charge is not dictated by Virgin Money but by your Weymouth conveyancer. Some firms on the Virgin Money panel will levy ’dealing with mortgage’ fee and others do not.
My partner and I have arranged a further advance on our mortgage from Santander as we want to conduct a loft conversion to our property in Weymouth. Do we need to appoint a local Weymouth solicitor on the Santander conveyancing panel to handle the legals?
Santander don't usually appoint a member of their conveyancing panel to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Santander list.
I have today made my last payment due on my mortgage with Santander. I assume I don't need a Weymouth conveyancing practitioner on the Santander panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Santander mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Santander mortgage from the register. Santander, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
How does the Landlord & Tenant Act 1954 impact my business premises in Weymouth and how can your lawyers assist?
The particular law that you refer to gives a safeguard to commercial lessees, granting the dueness to apply to court for a continuation of occupancy at the end of an expired lease. There are limited grounds where a landlord can refrain from granting a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing practices who use the act to your advantage and assist with commercial conveyancing in Weymouth
Our conveyancer in Weymouth has identified a a legal deficiency with the lease for the property we are purchasing in Weymouth. The other side have put forward defective title insurance as a solution. We are content with insurance and will cover the costs. Our lawyer has advised that as he is on the bank conveyancing panel he must check that the lender is happy with this solution. Are we the client or is the lender?
Just because you have a mortgage offer from the lender does not mean to say that the property will be meet their requirements for the purposes of a mortgage. Your Weymouth conveyancing lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook Requirements. You and the lender are the client. The appropriate lender requirements must be adhered to by the mortgage company conveyancing panel who has to balance acting for you and the mortgage company