My partner and I are looking to acquire a house in Bexley and are in fact using a Bexley conveyancing firm. Within the last couple of days our lawyer has forwarded the sale agreement to be signed with a detailed report with the expectation that exchange is imminent. Britannia have this morning contacted us to advise us that they have now hit a problem as our Bexley conveyancer is not on their conveyancing panel. Is this a problem?
Where you are buying a property needing a mortgage it is normal for the purchasers' solicitors to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel and you may continue to use your own Bexley solicitors, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.
My husband and I intend to remortgage our apartment in Bexley with Santander. We have a son 19 who lives with us. Our solicitor requested us to identify any adults other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the property is repossessed. I have two concerns (1) Is this form unique to the Santander conveyancing panel as he did not need to sign this form when we remortgaged 5 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Santander. This is solely used to protect Santander if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Santander had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
Do the Building Society Association intend to launch a online directory to list law firms on the Coventry BS conveyancing panel for instance in Bexley?
We are not aware of any plans on the part of the BSA to promote such a search facility.
My husband and I are FTB’s - agreed a price, yet the property agent informed us that the seller will only move forward if we use their chosen lawyers as they need an ‘expedited deal’. Our preferred option is to instruct a family conveyancer accustomed to conveyancing in Bexley
We suspect that the seller is not behind this request. Should the vendor desire ‘a quick sale', taking such a hostile approach to a genuine purchaser is is going to put the whole deal at risk. Speak to the owners direct and make the point that (a)you are serious buyers (b)you are excited to move forward, with finances in place © you are chain free (d) you wish to move quickly (e)however you intend to use your own,trusted Bexley conveyancing firm - not the ones that will provide their negotiator at the agency a commission or meet his conveyancing figures pre-set by head office.
Can a conveyancer remove a person from the title of my property in Bexley ?
Removing or adding someone to the title of your house is relatively straightforward. You’ll need to appoint a conveyancer to discuss your legal rights before you can proceed with a transfer of property. Contact us to book a free consultation with one a lawyer