Me and my partner are intending to purchase a 3 bedroom apartment in Anston with a mortgage. We have a Anston lawyer, however the mortgage company says he's not on their "panel". We have to appoint one of the mortgage company panel solicitors or keep our Anston conveyancing practitioner as well as pay for one of their panel firms to represent them. This feels very unfair; is there anything we can do?
No, not really. 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 Anston conveyancing lawyer to apply to be on the conveyancing panel.
Should lawyers request money on account for conveyancing in Anston?
If you are buying a property in Anston your solicitor will request that you put them with monies to cover the search fees. Normally this is needed to cover the fees of the conveyancing searches. If any down payment is payable against the total price then this should be asked for immediately before contracts are exchanged. Any further balance that is needed should be transferred shortly before completion.
I am the only beneficiary of my late father’s estate and I have everything in my name alone, including the my former home in Anston. The Anston property was put into my name in January. I plan to dispose of the house. I understand that there is a CML 6 month 'rule', which means that my property ownership could be treated the same way as though I had purchased the house in January. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be affected by that. How sensible a view lenders take of it, depend on the mortgage company as this requirement chiefly exists to pick up on subsales or the flipping of properties.
I have decided to exercise my right to buy my property in Anston off the council. I have a mortgage offer with TSB. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with TSB, you will need to appoint a solicitor on the TSB conveyancing panel.
I have instructed a Anston conveyancing practitioner having made sure that they are on the UBS conveyancing panel. Does my lawyer arrange the survey of the property?
UBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually UBS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your solicitor will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Anston postcode. As you are getting a mortgage with UBS, you could contact them to see if they have a list of approved surveyors in Anston.
I've recently found out that there is a flying freehold element on a house I put an offer in two weeks back in what was supposed to be a quick, no chain conveyancing. Anston is where the house is located. Can you shed any light on this issue?
Flying freeholds in Anston are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Anston you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Anston may ascertain 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.
We're novice buyers - agreed a price, but the agent advised that the seller will only issue a contract if we appoint the agent's preferred conveyancers as they want a ‘quick sale’. We would rather use a local conveyancer with experience of conveyancing in Anston
It is highly unlikely the sellers are behind this. If they desire ‘a quick sale', turning down a motivated buyer is is going to put the whole deal at risk. Speak to the owners direct and make sure they understand (a)you are keen to buy (b)you are excited to move forward, with mortgage lined up © you have nothing to sell (d) you intend to proceed fast (e)but you are going to instruct your own,trusted Anston conveyancing solicitors - not the ones that will give the estate agent a referral fee or meet his conveyancing targets set by head office.