We are buying a 3 bedroom apartment in Brantham with a mortgage. We like our Brantham solicitor, however the bank advise she’s not on their "panel". It appears that we have no choice but to use one of the bank panel firms or retain our Brantham conveyancer and pay for one of their panel lawyers to act for them. We consider that this is unjust; is there anything we can do?
No, not really. Your mortgage offer 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 Brantham conveyancing lawyer to apply to be on the conveyancing panel.
Our lender has recommended solicitors on their panel based in Brantham but I would rather choose a conveyancing lawyer in Brantham local to me. Are you able to assist?
Not all Brantham conveyancing practitioners are listed all lender’s conveyancing panel. Use the above search tool to identify a Brantham conveyancing firm on the on the mortgage company panel.
Is it correct that all Brantham CQS (Conveyancing Quality Scheme) solicitors are on the Barclays conveyancing panel?
It is true that some lenders now use the accreditation scheme as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to remain on their approved list of conveyancing solicitors.
I have today made my last payment due on my mortgage with Santander. I assume I don't need a Brantham conveyancer on the Santander panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Santander mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Santander mortgage from the register. Santander, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
Planning on purchasing a flat in Brantham. 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 Brantham solicitor is on the Barclays conveyancing panel.
Should commercial conveyancing searches reveal impending roadworks that may impact a commercial premises in Brantham?
Its becoming the norm that commercial conveyancing solicitors in Brantham will conduct a SiteSolutions Highways report as it reduces the time that conveyancers expend in sourcing accurate data on highways that impact buildings and development assets in Brantham. The search result sets out definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Brantham.
For each commercial conveyancing transaction in Brantham it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately may result in delays to Brantham commercial conveyancing deals as well as pose a risk to future plans for the site. These searches are not ordered for domestic conveyancing in Brantham.
Yesterday I discovered that there is a flying freehold element on a house I have offered on two weeks back in what should have been a straight forward, chain free conveyancing. Brantham is the location of the property. What do you suggest?
Flying freeholds in Brantham are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Brantham you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Brantham may decide 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 property.