My fiance and I are buying residence in Battle. My Conveyancer is not listed on the mortgage company conveyancing list. Am I still permitted to appoint my Battle conveyancing solicitor notwithstanding that they are not on the mortgage company list of approved lawyers?
Various options include
- Proceed with your preferred Battle conveyancing practitioner but your lender will undoubtedly retain a solicitor on their approved panel. The net result is additional charges together with likely frustration.
- Get a new conveyancing practitioner to act in the purchase, obviously checking they are on the bank conveyancing panel.
- Convince your property lawyer to do everything within their powers to join the bank’s panel of solicitors
As a FTB what is the most important advice you can impart concerning purchase conveyancing in Battle?
Not many law firms shout this from the rooftops but conveyancing in Battle or throughout England and Wales is often a confrontational process. Put another way, when it comes to conveyancing there exists plenty of opportunity for conflict between you and other parties involved in the transaction. For example, the vendor, property agent and on occasion the mortgage company. Selecting a law firm for your conveyancing in Battle is a critical decision as your conveyancer is your adviser, and is the ONLY person in the legal process whose responsibility is to look after your legal interests and to keep you safe.
We are witnessing a worrying ongoing adversarial element to conveyancing- someone has to be blamed for the process taking so long. You your first instinct should be to trust your lawyer above the other parties in the conveyancing process.
My house in Battle is up for sale and I have accepted an offer. Will the solicitor have to be on the Santander conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Santander conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their specifications fairly frequently in recent years.
How does conveyancing in Battle differ for new build properties?
Most buyers of new build or newly converted property in Battle approach us having been asked by the builder to sign contracts and commit to the purchase even before the house is built. This is because house builders in Battle usually buy the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Battle or who has acted in the same development.
Due to the input of my in-laws I had a survey completed on a property in Battle before instructing solicitors. I have been advised that there is a flying freehold element to the property. My surveyor has said that some lenders will refuse to give a mortgage on this type of property.
It depends who your proposed lender is. Lloyds has different requirements for example to Halifax. Should you wish to telephone us we can investigate further with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Battle. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Battle to see if the conveyancing will be more expensive.