We are buying a 3 bedroom apartment in Birkenshaw with a mortgage. We have a Birkenshaw conveyancer, but the bank advise he's not on their "panel". It seems we have little choice but to instruct one of the bank panel firms or continue with our Birkenshaw solicitor as well as pay for one of their panel ones to represent them. This feels very unfair; are we not able to insist that the mortgage company use our Birkenshaw property lawyer ?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’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 Birkenshaw conveyancing solicitor to apply to be on the conveyancing panel.
My wife and I have lately bought a house in Birkenshaw. We have since encountered a number of problems with the house which we suspect were missed in the conveyancing searches. What action can we take? Can you clarify the nature of searches that needed to have been ordered as part of conveyancing in Birkenshaw?
The query is not clear as to the nature of the problems and if they are specific to conveyancing in Birkenshaw. Conveyancing searches and due diligence initiated during the legal transfer of property are designed to help avoid problems. As part of the process, a seller fills in a questionnaire referred to as a SPIF. answers is inaccurate, then you may have a claim against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Birkenshaw.
We are selling our home in Birkenshaw. Will the conveyancer need to be required to be on the Principality conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Principality 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 panel criteria fairly frequently at the moment.
As co-executor for the will of my father I am selling a property in Neath but I am based in Birkenshaw. My conveyancer (based 260 miles awayneeds me to execute a stat dec prior to completion. Could you suggest a conveyancing solicitor in Birkenshaw who can attest and place their company stamp on the document?
Technically speaking you are not likely to be required to have the documents attested by a conveyancing solicitor. Normally or notary public or solicitor will be fine regardless of whether they are Birkenshaw based
A licensed conveyancer handled my conveyancing in Birkenshaw half a dozen years past and was holding my deeds but has now closed – how do I retreive them?
Title deeds, as such, no longer exist as most homes in Birkenshaw are archived electronically at Land Registry. Where you need to show ownership or are selling or re-mortgaging your solicitor can obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned as quickly as possible.