I do hope you can assist me. My Carshalton solicitor is advising me that he is legally obliged toapply for Carshalton conveyancing searches becausethe firm are on the Nat Westapproved lawyer panel. Is my solicitor right?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a lender your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook specifications . Even if you were a cash buyer you would be ill advised not to carry out Carshalton conveyancing searches.
What is the difference between a licensed conveyancer and conveyancing solicitor in Carshalton
There are many registered licenced Conveyancers in Carshalton and Solicitor partnerships in Carshalton offering conveyancing It is important to make clear that the two are supervised by regulatory bodies with both specialising in the legal work in the home buying process. Both can conduct associated property related work such as remortgage conveyancing, enfranchisement and transfer of equity conveyancing.
I can not work out if my mortgage offer requires a lease extension. I have telephoned my Carshalton building society branch on a couple of occasions and was advised it wasn't a problem and they will lend. My Carshalton conveyancing solicitor - who is on the bank conveyancing panel- telephoned and was told they will not lend based on their published requirements. I simply don't know who is right.
The solicitor must comply with the CML Handbook Part 2 provisions for your bank. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
I've digested plenty of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Carshalton solicitor - who is on the Santander conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Santander will need an independent valuation of the property. Your lawyer will not arrange this. Usually Santander will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Carshalton surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
I purchased a 4 bedroom Victorian house in Carshalton. Conveyancing practitioner acted for me and Barnsley Building Society. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, the second leasehold under the matching property. If a house is not a freehold shouldn't I have been informed?
You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Carshalton and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with lenders. You can also question the position with the conveyancing lawyer who conducted the work.
I decided to have a survey done on a house in Carshalton prior to instructing conveyancers. I have been informed that there is a flying freehold overhang to the property. Our surveyor advised that some mortgage companies may refuse to give a loan on such a home.
It varies from the lender to lender. Bank of Scotland has different requirements from Halifax. Should you wish to telephone us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Carshalton. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Carshalton to see if the conveyancing will be more expensive.
Given that I will soon part with £400,000 on a two bedroom apartment in Carshalton I would like to talk to a solicitor concerning thehouse move prior to giving the go ahead to the firm. Can this be arranged?
Absolutely - we would be pleased to talk to you we do not take any clients on without you liaising with the lawyer due to be conducting your conveyancing in Carshalton.There is no ‘factory style conveyancing’ - every client is an important person, not a case number. The law firms that we put you in touch with believe that the figure you are provided with for your conveyancing in Carshalton should be the amount on the final invoice that you are charged.