I am in the process of selling my apartment in Brandon and the EA has just telephoned to advise that the buyers are swapping law firm. The excuse is that the bank will only deal with property lawyers on their conveyancing panel. On what basis would a big named lender only work with certain solicitors rather the firm that they want to appoint to handle their conveyancing in Brandon ?
Banks have always had an approved set of law firms they are content to work with, but in the past few years big names such as Nationwide, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for more than 25 years.
Lending institutions attribute this action to a rise in fraud by way of justification for the cull – criteria have been narrowed as a smaller panel is easier to maintain. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are unlikely to have any impact on this.
I happen to be the sole recipient of my late mum's will with all property in now in my sole name, including the house in Brandon. Conveyancing formalities meant that the Land Registry date was in July. I want to move. I understand that there is a CML 6 month 'rule', meaning my proprietorship may be treated the same way as if I'd bought the house in July. Is the property unsalable for six months?
The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. How sensible a view banks take of it, depend on the lender as this clause primarily exists to identify the purchase and immediately sell or the flipping of property.
Is it the case that all Brandon solicitors on the Barclays conveyancing panel are regulated by the SRA?
As solicitors, in order to be on the Barclays conveyancing panel they would need to be overseen by the Solicitors Regulatory Authority. Some banks do permit licenced conveyancers on their panel and in such a situation the practice would be governed by the CLC.
I can not fathom if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Brandon building society branch on a couple of occasions and was told it wasn't a problem and they would lend. My Brandon conveyancing solicitor - who is on the mortgage company conveyancing panel- called to say that they would not lend in accordance with their published requirements. Who do I believe?
As long as the lawyer is on the bank panel, she or he must follow the CML Handbook specifications for the lender. 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
I'm buying a new build house in Brandon with a mortgage from Nationwide Building Society. The builders would not reduce the price so I negotiated five thousand pounds worth of extras instead. The sale representative told me not reveal to my conveyancer about the extras as it could jeopardize my loan with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I am hoping to put an offer on a small detached house that seems to meet my requirements, at a great figure which is making it all the more appealing. I have just been informed that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Brandon. Conveyancing lawyers have are about to be instructed. Will they explain the issues?
The majority of houses in Brandon are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Brandon in which case you should be looking for a Brandon conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the property is located on an estate. Your solicitor should appraise you on the various issues.
Leasehold Conveyancing in Brandon - Sample of Questions you should consider before Purchasing
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If a Brandon lease has no more than eighty years it will have adverse implications on the salability of the apartment. It is worth checking with your bank that they are content with remaining years on the lease. Leases with fewer than 80 years remaining means that you will almost definitely require a lease extension at some point and you need to have some idea of how much this will be. For most Brandonlease extensions you would be required to have owned the property for two years in order to be eligible to extend the lease. You should want to discover as much as possible regarding the company managing the block as they will either make life much simpler or uncomfortable. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to daily matters like the cleanliness of the common parts. Enquire of other tenants if they are happy with their management. Finally, be sure you understand the dates that you are obliged pay the maintenance charge to the relevant party and precisely what it includes. What is the name of the managing agents?
My lawyers in Brandon have advised me that no longer have my conveyancing file. To assist with my purchase I took out a mortgage with the bank. Is it case that being on the bank conveyancing panel they need to have retained the file for a prescribed period?
It very much depends from lender to lender but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the lender Conveyancing Panel Terms. It might be worth you contacting the lender directly.