My conveyancer has uncovered a a legal deficiency with the lease for the flat we are purchasing in Cradley Heath. The seller’s lawyers have offered defective title insurance as a workaround. We are content with insurance and will cover the costs. Our conveyancing practitioner says that he must ensure that the mortgage company is happy with this solution. Are we the client or is the lender?
Notwithstanding that you have a mortgage offer from the lender does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the bank are the client. These conveyancing instructions must be adhered to.
It is is a decade since I purchased my home in Cradley Heath. Conveyancing lawyers have just been instructed on the sale but I am unable to find my title deeds. Is this a problem?
You need not be too concerned. First there is a possibility that the deeds will be retained by the mortgage company or they may be archived with the lawyers who acted in the purchase. Secondly in all probability the property will be registered at the land registry and you will be able to prove you own the property by your conveyancing lawyers obtaining up to date copy of the land registers. The vast majority of conveyancing in Cradley Heath relates to registered property but in the rare situation where your property is not registered it is more of a problem but is resolvable.
The Cradley Heath conveyancing lawyers that I appointed last week on my purchase in Cradley Heath have suddenly shut down. I only went with them because I needed a firm on the HSBC conveyancing panel and my preferred Cradley Heath lawyer was not. I gave my credit card details for them to take £195 for searches. What are my options?
If you have an estate agent involved then let them know immediately so that they advise the vendors that there may be a slight delay due to the problems encountered. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the HSBC conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors may be able to assist.
I am buying a property and the solicitor has mentioned Chancel Repair to which the house could be liable given it’s proximity to the area of such a church. He has suggested insurance. Is this strictly required for conveyancing in Cradley Heath
Unless a prior purchase of the house completed post 12 October 2013 you could assume that lawyers handling conveyancing in Cradley Heath to continue to advocate a chancel search and or chancel repair liability policy.
As co-executor for the estate of my aunt I am selling a residence in Neath but I am based in Cradley Heath. My conveyancer (based 200 kilometers awayhas requested that I execute a statutory declaration before completion. Could you suggest a conveyancing solicitor in Cradley Heath to witness and place their company stamp on the document?
strictly speaking you are unlikely to need to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or solicitor will do regardless of whether they are Cradley Heath based