My fiance and I are intent on buying a maisonette in Boscastle. My Conveyancer is not listed on the bank approved panel. Can I still use my Boscastle conveyancing solicitor notwithstanding that they are not on the bank list of approved lawyers?
You have a couple of options open to you here
- Complete the deal with your existing Boscastle conveyancing practitioner but your mortgage company will undoubtedly instruct a conveyancing practitioner from their approved list. The net result is additional fees together with probable delay.
- Get a new conveyancer to conduct the conveyancing, ensuring that they are on the mortgage company conveyancing panel.
- Appeal to your solicitor to attempt to join the lender panel
When it comes to mortgage companies such as Skipton, do Boscastle property lawyers have to pay an annual charge to be on the list of approved solicitors?
We are unaware of any bank fees to be on their panel, although some do charge an administration charge to deal with the processing of the conveyancing panel submission.
The mortgage over my property is with Bank of Ireland for my property in Boscastle. Conveyancing was finalised 12 months ago. Should I wish to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Bank of Ireland?
You must advise Bank of Ireland before renting your property as this is likely to be a breach of Bank of Ireland’s mortgage conditions. It may be that Bank of Ireland will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Bank of Ireland directly. It should not be necessary to do this via a Bank of Ireland conveyancing panel firm.
I can not work out if my bank requires a lease extension. I have called into my local Boscastle building society branch on numerous occasions and was told they are content with the situation and they would lend. My Boscastle conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they will not lend based on their specific requirements. Who do I believe?
The solicitor has to comply with the Council of Mortgage Lenders’ Handbook section two specifications for your bank. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I used Wolstenholmes several years past for my conveyancing in Boscastle. I now require my papers but the law firm is no longer operating. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Boscastle of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
What makes a Boscastle lease defective?
Leasehold conveyancing in Boscastle is not unique. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain sections are missing. For example, if your lease is missing any of the following, it could be defective:
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Clauses dealing with recovering service charges for expenditure on the building or common parts.
You may have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, Virgin Money, and Britannia all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to pull out.
I am the registered owner of a studio flat in Boscastle, conveyancing having been completed 4 years ago. How much will my lease extension cost? Equivalent properties in Boscastle with over 90 years remaining are worth £222,000. The ground rent is £50 levied per year. The lease ceases on 21st October 2095
With only 70 years unexpired the likely cost is going to range between £9,500 and £11,000 as well as costs.
The figure above a general guide to costs for extending a lease, but we cannot give you the actual costs without more comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. You should not take any other action based on this information before getting professional advice.
Are Boscastle conveyancing solicitors under an obligation to the Law Society to publish transparent conveyancing costs?
Contained within the Solicitors Code of Conduct are specific rules and regulations as to how the Solicitors Regulation Authority (SRA) allow solicitors to publicise their charges to clients.The Law Society have practice note giving advice on how to publicise transparent charges to avoid breaching any such rule. Practice notes are not legal advice issued by the Law Society and is not to be regarded as the only standard of good practice a conveyancing solicitor should adhere to. The Practice Note does, however, represent the Law Society’s view of acceptable practice for publicising conveyancing charges, and accordingly it’s a recommended read for any solicitor or conveyancer in Boscastle or across England and Wales.