I am selling my flat in Banwell and the estate agent has just telephoned to warn that the buyers are swapping solicitor. The excuse is that the lender will only deal with solicitors on their conveyancing panel. On what basis would a big named mortgage company only deal with specific law firms rather the firm that they want to appoint to handle their conveyancing in Banwell ?
Mortgage companies have always had panels of law firms that can act for them, but in the last few years big names such as HSBC, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for more than 15 years.
Banks point to the increase in fraud by way of justification for the cull – criteria have been narrowed as a smaller panel is easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are not going to have any sway in the decision.
Have just purchased a repossessed house at auction in Banwell. Conveyancing is required. What is next?
Having to in every practical sense signed on the dotted line you should instruct a conveyancing practitioner as a matter of priority as you will have a fast approaching a fixed date to complete the transaction. All auction property will have an associated auction pack. This should include evidence of title and search results. In the case of leasehold property the conveyancing papers may contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation pertinent to leasehold premises. You should give this to your appointed conveyancing solicitor as soon as possible. You also need to ensure that your finances are in order to complete on the on the contractual date .
When it comes to mortgage companies such as Nottingham, do Banwell property lawyers have to pay a yearly amount to be on the conveyancing panel?
We are not aware of any bank fees to register on their list of approved firms, although some do charge an administration fee to deal with the processing of the conveyancing panel application.
I have today made my last payment due on my mortgage with Nationwide. I assume I don't need a Banwell solicitor on the Nationwide panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Nationwide 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 Nationwide mortgage from the register. Nationwide, 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 Nationwide has sent the Land Registry the discharge electronically, and
- Nationwide has instructed the Land Registry to do so
My friend advised me that if I am buying in Banwell I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is occasionally included in the estimate for your Banwell conveyancing searches. It is not a small report of more than thirty pages, listing and setting out important information about Banwell around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Banwell Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Local Education with plans and statistics, Local Amenities and other useful data about Banwell.
Estate agents have just been given the go-ahead to market my garden apartment in Banwell. Conveyancing solicitors are to be appointed soon, however I have just had a quarterly service charge invoice – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should discharge the service charge as you normally would because all ground rent and service invoices will be allotted as part of the financial calculations for completion monies, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the subsequent invoice date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
Banwell Conveyancing for Leasehold Flats - A selection of Questions you should consider before Purchasing
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The best form of lease arrangement is if the freehold title is in the ownership of the leaseholders. In this situation the leaseholders benefit from control and although a managing agent is often retained where the building is larger than a house conversion, the managing agent is directed by the tenants. What is the annual maintenance fee and ground rent? Who is in charge of the block?
How much will conveyancing in Banwell cost?
The amount you are levied for Banwell conveyancing fees are likely to be calculated at:
- a standard amount; or
- on a time spent basis (i.e. the time spent on the particular case).
These days you seldom hear of Banwell conveyancing firms charge on an hourly basis