I am selling my ground floor flat in Caerwys and the EA has just called to advise that the purchasers are appointing a new solicitor. I am told that this is due to the fact that the bank will only work with property lawyers on their approved list. Why would a big named mortgage company only engage with specific solicitors rather the firm that they want to appoint to handle their conveyancing in Caerwys ?
Mortgage companies have always had panels of law firms they are content to work with, but in recent years big names such as HSBC, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for many years.
Lending institutions attribute this action to a rise in fraud by way of justification for the pruning – criteria have been stiffened 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 claims that it is hearing daily from firms 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 buyers are unlikely to have any sway in the decision.
Our lawyer has identified a a problem with the lease for the flat we are buying in Caerwys. The seller’s lawyers have put forward defective title insurance as a solution. We are happy with insurance and will pay for it. Our conveyancer says that he must ensure that the bank 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 potential for a conflict of interest, you and the mortgage company are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook provisions. 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 solicitor will have no choice but to discontinue acting for you.
I am purchasing a new build flat in Caerwys. How practical is it for me to do the conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Caerwys you will have to appoint a solicitor on your mortgage company's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Caerwys.
I am helping my sister sell her property in Caerwys. Will the conveyancer order the energy performance certificate or should I organise this?
After the demise of Home Information Packs, energy assessments was kept a required element of selling a house. An energy performance certificate must be commissioned before the property is placed on the market. It is not a task that law firms ordinarily organise. Where you are using a Caerwys conveyancing solicitor they may help arrange energy assessments given their contacts with reputable Caerwys accredited person
My bid for a property was accepted at auction in Caerwys. Conveyancing is necessary. What is next?
Given that you have now for all intents and purposes signed on the dotted line you should find a conveyancing lawyer as a matter of urgency as you now have a fast approaching deadline in which to complete the purchase. Every auction property will ordinarily have a corresponding auction set of papers. This will include evidence of title and search results. Where you are dealing with leasehold property the conveyancing papers should include a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation specific to leasehold premises. You need to give this to your appointed conveyancing solicitor as soon as possible. You also need to ensure that your finances are in place to complete on the on the contractual date .
Is it the case that all Caerwys CQS (Conveyancing Quality Scheme) solicitors are on the Aldermore conveyancing panel?
A selection of banks and building societies now utilise the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. The Law Society’s CQS accreditation however is no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of conveyancing solicitors.
Despite weeks of looking the Title Certificate and documents to my home can not be found. The lawyers who did the conveyancing in Caerwys 10 years ago are no longer around. What are my options?
Assuming you have a registered title the details of your ownership will be retained by HMLR with a Title Number. It is easy to conduct a search at the Land Registry, identify your property and obtain up to date copies of the Registered Entries for a small fee. If the title is Leasehold then the Land Registry will usually hold a certified duplicate of the Registered Lease and again, a copy can be retrieved for £20 inclusive of VAT.