It is 10 years ago since I bought my house in Birmingham. Conveyancing solicitors have recently been appointed on the sale but I can't track down my deeds. Is this a problem?
You need not be too concerned. Firstly there is a possibility that the deeds will be retained by the mortgage company or they could be in the possession of the solicitor who oversaw your purchase. Secondly the likelihood is that the land will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. Nearly all conveyancing in Birmingham relates to registered property but in the rare situation where your home is not registered it adds to the complexity but is resolvable.
we are a couple who are buying a 2 bedroom apartment in Birmingham with a homeloan from Birmingham Midshires.We would like to retain our Birmingham conveyancing practitioner but Birmingham Midshires advised that her practice is not on their approved list of member firms. It seems we have no choice but to instruct a Birmingham Midshires panel firm or keep our preferred solicitor and pay for a Birmingham Midshires panel lawyer to represent them. This seems very unfair; Can we not simply insist that Birmingham Midshires use our lawyer?
No, not really. The loan issued to you contains terms and conditions, a common one being that conveyancers will be on the Birmingham Midshires approved list. Until recently, most mortgage companies 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. Another option that might be available is for your solicitors to apply to be on the conveyancing panel for Birmingham Midshires
My fiancee and I are in the process of viewing flats in Birmingham and I am now considering a potential offer. Is it too early to have a solicitor in place? I intend to finance via a home loan with Virgin Money.
It would be prudent to commence your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their contact information on to the estate agent. Given that you are taking out a mortgage with Virgin Money, ask your prospective lawyers if they are on the Virgin Money conveyancing panel otherwise they can't do the mortgage legal work.
I am currently in the process of buying my council flat in Birmingham. I have a mortgage offer with Kent Reliance. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Kent Reliance, you will need to appoint a solicitor on the Kent Reliance conveyancing panel.
Planning on purchasing a maisonette in Birmingham. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Barclays conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Birmingham conveyancing practitioner is on the Barclays conveyancing panel.
Is it best to use a Birmingham conveyancing practitioner in close proximity to the house I am purchasing? We have a good friend who can perform the legal formalities however his firm is located a couple of hundredmiles drive away.
The benefit of a high street Birmingham conveyancing firm is that you can attend the office to sign paperwork, present your ID and pester them if necessary. Having local Birmingham know how is a bonus. That being said it's more important to get someone that will pull out all the stops for you. If other friends have used your friend and in the main were impressed that must trump using an unknown Birmingham conveyancing solicitor just because they are local.
One month into purchasing a property in Birmingham. Conveyancing lawyer has called to say the title is "Leasehold". Should this adversely affect the salability of the property?
Birmingham conveyancing does not ordinarily involve leasehold houses. The key consideration here is the length of lease and the ground rent. If it's 999 years with a nominal rent, it's almost the same as freehold, so it shouldn't impact the saleability too much.
At the other end of the spectrum, if it's, say, 50 years it is bound to have a adverse effect on the saleability, and most likely wouldn't be mortgageable. The length of lease and ground rent will be set out in the lease to be supplied to your conveyancing practitioner.