I plan on acquiring residence in Whitehaven. My lawyer is not on the mortgage company solicitor panel. Is it possible for me to continue with my Whitehaven conveyancing solicitor notwithstanding that they are not on the lender panel of approved conveyancing solicitors?
You must instruct a solicitor to complete the legal work required if you take out a mortgage to purchase your property. They will conduct all the essential due diligence on the property, make sure that you will be registered as proprietor and ensure that all the necessary mortgage documentation is dealt with. One could select a Whitehaven lawyer of your choice. However, where the lawyer appointed is not a member of the lender approved list additional fees will be levied as separate legal representation will be need by the bank. Lender panel applications may be submitted, so where your lawyer has not historically applied for membership they should do so.
Our conveyancer has discovered a a problem with the lease for the property we are buying in Whitehaven. The other side have put forward defective title insurance as a solution. We are content with insurance and will cover the costs. Our property lawyer says that he must check that the mortgage company is happy with this solution. Are we the client or is the lender?
Notwithstanding that you have a mortgage offer from the bank does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the mortgage company are the client. The appropriate lender requirements must be adhered to.
Is it the case that all Whitehaven CQS (Conveyancing Quality Scheme) solicitors are on the Virgin Money conveyancing panel?
It is true that some lenders now use the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. CQS membership however gives no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to remain on their panels.
We expect to receive a OIP from HSBC this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do HSBC recommend any Whitehaven solicitors on the HSBC conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Whitehaven solicitors independently although you'll need to choose one on the HSBC conveyancing panel. The solicitor represents both you and HSBC through the process.
I have paid off my mortgage with Aldermore. I assume I don't need a Whitehaven conveyancing practitioner on the Aldermore panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Aldermore 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 Aldermore mortgage from the register. Aldermore, 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 Aldermore has sent the Land Registry the discharge electronically, and
- Aldermore has instructed the Land Registry to do so
I am looking for a leasehold apartment up to £245,000 and identified one close by in Whitehaven I like with a park and station nearby, the downside is that it's only got 49 years unexpired on the lease. There is not much else in Whitehaven for this price, so just wondered if I would be making a grave error purchasing a lease with such few years left?
If you require a mortgage the shortness of the lease will be an issue. Discount the price by the amount the lease extension will cost if not already taken into account. If the current proprietor has owned the premises for a minimum of 2 years you may ask them to commence the lease extension formalities and then assign it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor concerning this.
I have today placed an offer on a leasehold flat in Whitehaven and the estate agent that we are dealing with suggested his conveyancer. He quoted £1000 including VAT and 3rd party costs. Does this sound like a good deal?
You should not rely on one quote. One should seek like-for-like quotes for your conveyancing in Whitehaven. Then pick one that you trust and just as important, is on the approved list of the bank that you have applied for a mortgage from.