My lawyer has identified a defect with the lease for the apartment we are purchasing in Brownhills. The other side have suggested title insurance as a workaround. We are content with insurance and will cover the costs. Our solicitor says that he must ensure that the lender is happy with this solution. Who is the client here, us or the mortgage company ?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancing practitioner will have no choice but to discontinue acting for you.
My husband and I are purchasing a newly converted flat in Brownhills with a loan from Accord Mortgages Ltd.We would like to retain our Brownhills conveyancing lawyer but Accord Mortgages Ltd says he's not listed on their approved list of member firms. It seems we are left with no choice but to instruct a Accord Mortgages Ltd panel lawyer or keep our high street solicitor and pay for one of their panel ones to represent them. This seems very unfair; Can we not simply insist that Accord Mortgages Ltd use our lawyer?
No, not really. The mortgage issued to you is subject to its various provisions, one of which will be that conveyancers needs to be on the Accord Mortgages Ltd conveyancing panel. Until recently, most banks had large numbers of solicitors on their panels: a borrower could find 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 Accord Mortgages Ltd
I used Action Conveyancing a few years ago for my conveyancing in Brownhills. Now, I need the files however the law firm is no longer operating. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to assist in tracing 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 Brownhills of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Am I best advised to choose a Brownhills conveyancing solicitor in close proximity to the house I am hoping to buy? An old friend can perform the legal work but they are based 300kilometers drive away.
The primary upside of using a local Brownhills conveyancing practice is that you can drop in to sign paperwork, deliver your ID and apply pressure on them if necessary. Having local Brownhills know how is a plus. That being said nothing is more important than finding someone that will do a good and efficient job. If other friends have used your friend and on the whole were happy that should outweigh using an unfamiliar Brownhills conveyancing lawyer just because they are based in the area.
Should one as executor remove a deceased person's details from the title deeds for a property in Brownhills?
Where a Brownhills property is co-owned and one of the proprietors dies, the name will not automatically be removed from the title deeds. You are not required to amend the title as in the event of a sale you would just need to evidence as to the reason the co proprietor is missing from the contract, such as a grant of probate.
With the aim of making the sale conveyancing smoother in the future you may apply to have the deceased party removed from the title entries by submitting an application to HM Land Registry with evidence of the death. There is no land registry fee payable.