Is the fact that my conveyancer in Birmingham is not identified on my lender's solicitor panel that there is a problem with the standard of his work?
That would most likely be a wrong assumption to make. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) low volume of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should simply call the Birmingham conveyancing practice and ask them why they are no longer on the approved list for your mortgage company.
My aunt passed away 10 months ago and as sole heir and executor I was left the house in Birmingham. The house had a relatively small loan left on it of around £5k. I want to have the title changed into my name whilst I re-mortgage to Nationwide, pay off the mortgage. Is this allowed?
Where you intend to re-mortgage then Nationwide will require that you use a conveyancer on the Nationwide conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Nationwide conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Nationwide mortgage is registered as a charge at the Land Registry.
is it true that all Birmingham solicitors on the Bank of Ireland conveyancing panel are governed by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Bank of Ireland conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. Some banks do permit licenced conveyancers on their panel and in such a situation the organisation would be overseen by the CLC.
I am buying a property in Birmingham. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Clydesdale be concerned?
Given that your lender is Clydesdale your lawyer must comply with the formal instructions contained in Section 2 of UK Finance Lenders’ Handbook for Clydesdale. The Council of Mortgage Lenders’ Handbook contains minimum conditions for solar panel roof-space leases, and lawyers are required to report to Clydesdale where a lease does not meet these conditions. The conditions relate to the installation of panels on properties in England and Wales and is not limited to Birmingham.
The formalities of my purchase has taken place for my property in Birmingham. Conveyancing was satisfactory but I would like to complain about the lender. How does one go about formally complaining?
Almost all lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Department at head office. In most cases complaints to a lender are sorted out effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
How does conveyancing in Birmingham differ for newly converted properties?
Most buyers of new build residence in Birmingham approach us having been asked by the seller to exchange contracts and commit to the purchase even before the premises is completed. This is because builders in Birmingham typically purchase 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 conveyancers 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 accustomed to new build conveyancing in Birmingham or who has acted in the same development.
Yesterday I discovered that there is a flying freehold element on a property I have offered on last month in what was supposed to be a quick, chain free conveyancing. Birmingham is the location of the property. Can you offer any opinion?
Flying freeholds in Birmingham are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Birmingham you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Birmingham may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.