All was ready to move into my new home in Angel next Thursday. My lawyer now wants me to supply her with evidence of content and building insurance for the property as as she informs me that she is duty bound to validate that it is in order for the mortgage company. What does the insurance need to cover?
Any lawyer on acting for lenders would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s UK Finance Lenders’ Handbook requirements. These obligations are not specific to conveyancing in Angel.
In what way does my ID and proof of funds have anything to do with my conveyancing in Angel? Why is this being asked of me?
Anti-terror and anti-money-laundering laws require solicitors and licensed conveyancers to verify the ID of the potential client they are dealing with prior to agreeing to accepting their conveyancing retainer. The Terms of Engagement that you need to sign should stipulate this. Your lawyer also has obligations to obtain certain documents in accordance with the CML Lenders Handbook requirements last updated on 1st December 2014. If you refuse to supply identification documents, your lawyer would not be able to accept instructions from you.
My fiance and I are buying a purpose built flat in Angel with a homeloan from Godiva Mortgages Ltd.We like our Angel conveyancing practitioner but Godiva Mortgages Ltd informed us her practice is not on their "panel". It seems we have little choice but to instruct a Godiva Mortgages Ltd panel solicitor or keep our local solicitor and pay for a Godiva Mortgages Ltd panel lawyer to act for them. We feel as though this is unjust; Can we not simply insist that Godiva Mortgages Ltd use our lawyer?
Unfortunately,no. The mortgage issued to you is subject to its various provisions, one of which will be that solicitors must be on the Godiva Mortgages Ltd solicitor panel. in the past, most lenders had large numbers of solicitors on their panels: a borrower could find 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. Another option that might be available is for your solicitors to apply to be on the conveyancing panel for Godiva Mortgages Ltd
Will our conveyancer be making enquiries concerning flooding during the conveyancing in Angel.
The risk of flooding is if increasing concern for conveyancers conducting conveyancing in Angel. Some people will buy a house in Angel, completely aware that at some time, it may be flooded. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or sell the property. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Conveyancers are not qualified to impart advice on flood risk, however there are a numerous checks that may be initiated by the buyer or on a buyer’s behalf which should figure out the risks in Angel. The conventional set of completed inquiry forms sent to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard question of the vendor to discover whether the property has suffered from flooding. If the property has been flooded in past which is not notified by the vendor, then a purchaser could commence a compensation claim stemming from an inaccurate reply. The purchaser’s lawyers may also order an environmental report. This will higlight whether there is any known flood risk. If so, additional investigations should be initiated.
I've recently found out that there is a flying freehold issue on a property I have offered on last month in what was supposed to be a simple, no chain conveyancing. Angel is where the house is located. What do you suggest?
Flying freeholds in Angel are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Angel 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 Angel may determine 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 premises.