My partner and I are looking to buy a flat in Browns Green and have instructed a Browns Green conveyancing practice. Within the past 48 hours our solicitor has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Chelsea Building Society have this morning contacted us to inform me that there is now an issue as our Browns Green solicitor is not on their conveyancing panel. What do we do from here?
When purchasing a property with the benefit of a mortgage it is normal for the purchasers' lawyers to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the bank's conveyancing panel and you may continue to use your own Browns Green solicitors, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.
Me and my partner are about to exchange on the purchase of a house in Browns Green but as a consequence of wreckage from some water damage at the property I have was able negotiate recompense from the vendor of three thousand pounds by way of a deduction in the price. This was going to be addressed as part of a side agreement yet HSBC will not permit this. Why were they informed?
Your conveyancing practitioner being on a HSBC approved list is duty bound to advise HSBC of any variations to the purchase price. If you prohibit your solicitor to disclose the price change to HSBC then they would have to discontinue acting for you. In addition, HSBC and you would have to appoint a new solicitor for your conveyancing in Browns Green.
I'm the only recipient of my late mum's will and I have everything in my name alone, including the my former home in Browns Green. Conveyancing formalities meant that the Land Registry date was in November. I now wish to sell up. I understand that there is a CML six month 'rule', meaning my property ownership will be considered the same way as though I had purchased the property in November. Do I have to wait half a year to sell?
The Council of Mortgage Lenders’ handbook obliges conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be caught by that. Most lenders would take a practical view as this provision is chiefly there to pick up on subsales or the wholesaling and assigning of properties.
I have today made my last payment due on my mortgage with Santander. I assume I don't need a Browns Green lawyer on the Santander panel to discharge 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
I am selling my house. I had a double glazing fitted in May 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Bank of Ireland are being problematic. The Browns Green solicitor who is on the Bank of Ireland conveyancing panel is recommending indemnity insurance as a solution but Bank of Ireland are insisting on a building regulation certificate. Why do Bank of Ireland have a conveyancing panel if they don't accept advice from them?
It is probably the case that Bank of Ireland have referred the matter to their valuer. The reason why Bank of Ireland may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Are there restrictive covenants that are commonly identified during conveyancing in Browns Green?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Browns Green. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Been reading online that Browns Green solicitors are more expensive than licensed conveyancers in Browns Green to use when purchasing a property. So is it better if I use a conveyancer or a solicitor if I am purchasing for my home move in Browns Green.
When it comes to conveyancing in Browns Green the costs are unlikely to vary dramatically depending on whether the legal expert is a licenced conveyancer or solicitor.