We are planning to purchase a 3 bedroom apartment in Benton with a mortgage. We like our Benton solicitor, however the lender says she’s not on their "panel". We have to appoint one of the lender panel firms or keep our Benton solicitor and pay for one of their panel ones to act for them. We feel that this is inequitable; can we not insist that the bank use our Benton lawyer ?
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 Benton conveyancing lawyer to apply to be on the conveyancing panel.
I am acquiring a property without a mortgage in Benton. I have been residing for the previous 20 years in Benton. Conveyancing searches are exorbitant. As I have knowledge of the road and vicinity intimately should I not bother getting the solicitor to do all the conveyancing searches?
Provided that you do not need a home loan, then the vast majority of the Benton conveyancing searches are non-obligatory. Your conveyancer will 'advise', perhaps strongly, that you should have searches carried out, but he has a professional duty to take that path of advice. One thing to consider; if you are going to sell the house in the future, it may be of interest to your future buyer what the searches determine. There are plenty of instances where premises with functional issues can still reveal detrimental search results. A competent conveyancing solicitor in Benton should provide you some constructive guidance concerning this.
The Benton conveyancing firm that just started acting on my house acquisition in Benton have without warning closed. I only went with them because I had to have a lawyer on the Skipton conveyancing panel and my family Benton lawyer was not. I paid them 275 plus VAT on account. What are my options?
Assuming that you have an Estate Agent in the equation then inform them immediately so that they advise the vendors that there may be a slight delay due to the problems encountered. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Skipton conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers may be able to help.
My wife and I have a 4 bedroom Georgian property in Benton. Conveyancing solicitor represented me and Barnsley Building Society. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, the second leasehold with the exact same property. Is it worth asking Barnsley Building Society to clarify?
You need to review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Benton and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the position with your conveyancing lawyer who conducted the purchase.
I need to appoint a conveyancing solicitor for some conveyancing in Benton. I have stumble across a site which seems to have the perfect answer If it is possible to get all the legals completed via phone that would be ideal. Should I be concerned? What should out be looking out for?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?