My conveyancer has uncovered a a problem with the lease for the apartment we are purchasing in Caister On Sea. The other side have offered defective title insurance as a workaround. We are content with insurance and will cover the costs. Our conveyancing practitioner has advised that he must ensure that the lender is happy with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company 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 conveyancer will have no choice but to discontinue acting for you.
Do the Building Society Association intend to launch a search tool with a view to to identify solicitors on the Coventry BS conveyancing panel for example in Caister On Sea?
We are not aware of any plans on the part of the BSA to develop such a search facility.
Just had an offer accepted on a new build apartment in Caister On Sea. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Caister On Sea
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Please supply a car parking plan. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
Do I need to be wary that brokers that I am dealing with are recommending a web based conveyancing firm as opposed to a High Street Caister On Sea conveyancing practice?
As is the case with many professional services, often referrals from relatives can be most helpful. Yet there are lots of players in a conveyancing transaction; estate agents, mortgage brokers and lenders may recommend solicitors to choose. On occasion the solicitors might be known to one of the organisations as being good in their field, but occasionally there might be a financial incentive behind the endorsement. You have the discretion to appoint your own conveyancer. However, bear in mind that most lenders have an approved list of conveyancers you must use for the mortgage aspect of your conveyancing.
I am buying a maisonette mortgage free. I have provided conveyancer with 2 separate forms of photo identification, bank statement, multiple utility bills. Now he requires a copy from a probate lawyer advising that the funds are in order and that it has come from inheritance and not via illegitimate means.
For some years now requires conveyancing solicitors as well as banks, building societies and other financial institutes to obtain satisfactory evidence of the identity of the client. This is because solicitors who deal with money and property on behalf of their clients can be used by criminals wishing to launder money. In order to comply with the law of money laundering, your Caister On Sea conveyancing lawyer will need to obtain evidence of your identity as as well as make sure that your funds are legitimate.