I was advised recently by my mortgage adviser that my Fawley the law firm I have appointed is not on the bank Solicitor panel. What can I do to be certain that this is indeed the case?
Your first step should be to call your Fawley conveyancer. You lawyer should advise you of the situation. If they are not on the panel they may recommend you to a Fawley conveyancing practice that is on the conveyancing panel for your mortgage company.
My husband and I are nearing an exchange on a flat in Fawley and my parents have transferred the exchange deposit to my conveyancing practitioner. I am now told that as the deposit has not come from me my conveyancer needs to disclose this to my lender. Apparently, in also acting for the mortgage company he must advise them that the balance of the purchase price is coming from anyone other than me. I advised the lender concerning my parents' contribution when I applied for the home loan, so is it really necessary for this now to delay the deal?
Your property lawyer is legally required to clarify with lender to ensure that they are aware that the balance of the purchase price is not from your own resources. The solicitor can only disclose this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
I am the registered owner of a freehold residence in Fawley but still pay rent, why is this and what is this?
It’s unusual for properties in Fawley and has limited impact for conveyancing in Fawley but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the establishment of fresh rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
Due to the guidance of my in-laws I had a survey completed on a house in Fawley before instructing conveyancers. I have been told that there is a flying freehold overhang to the property. The surveyor has said that some mortgage companies will not issue a mortgage on a flying freehold home.
It varies from the lender to lender. HSBC has different instructions from Halifax. If you call us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Fawley. Conveyancing will be smoother if you use a solicitor in Fawley especially if they are accustomed to such properties in Fawley.
I have been sourcing a conveyancing practitioner in Fawley for my house move. Can I check a firm’s record with the legal regulator?
You may see presented Solicitor Regulator Association (SRA) determinations arising from inquisitions commenced on or after 1 January 2008. Go to Check a solicitor's record. To find details Pre 2008, or to check a solicitors history, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, dial +44 (0)121 329 6800. The regulator could recorded telephone calls for training requirements.