My husband and I are purchasing a 1 bedroom apartment in Crosby with a mortgage. We have a Crosby lawyer, but the mortgage company advise he's not on their "panel". It seems we have no choice but to use one of the bank panel solicitors or keep our Crosby conveyancer and pay for one of their panel firms to act for them. This seems very unfair; can we not insist that the lender use our Crosby conveyancing practitioner ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Crosby conveyancing lawyer to apply to be on the conveyancing panel.
My wife and I are only a couple days away from an exchange on a flat in Crosby and my mum and dad have sent the ten percent deposit to my property lawyer. I am now informed that as the deposit has not come from me my property lawyer needs to disclose this to my lender. Apparently, in also acting for the lender he must inform them that the balance of the purchase price is coming from anyone other than me. I disclosed to the mortgage company about my parents' contribution when I applied for the mortgage, so is it really necessary for this now to hold matters up?
The conveyancing practitioner is obliged to clarify with lender to make sure that they are aware that the balance of the purchase price is not from your own resources. Your solicitor can only notify this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
Should our conveyancer be making enquiries regarding flooding as part of the conveyancing in Crosby.
The risk of flooding is if increasing concern for lawyers dealing with homes in Crosby. There are those who acquire a house in Crosby, completely expectant that at some time, it may be flooded. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Solicitors are not best placed to give advice on flood risk, however there are a numerous checks that can be carried out by the purchaser or on a buyer’s behalf which can figure out the risks in Crosby. The standard information supplied to a buyer’s lawyer (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the owner to determine if the property has historically flooded. If the premises has been flooded in past which is not revealed by the owner, then a buyer may bring a legal claim for losses stemming from an inaccurate reply. The buyer’s solicitors may also order an environmental search. This will disclose if there is any known flood risk. If so, further inquiries will need to be carried out.
How does conveyancing in Crosby differ for newly converted properties?
Most buyers of new build premises in Crosby contact us having been asked by the developer to sign contracts and commit to the purchase even before the house is ready to move into. This is because house builders in Crosby tend to purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Crosby or who has acted in the same development.
My wife and I purchased a leasehold flat in Crosby. Conveyancing and Coventry Building Society mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Crosby who acted for me is not around. Do I pay?
The first thing you should do is contact the Land Registry to make sure that this person is indeed the new freeholder. You do not need to incur the fees of a Crosby conveyancing solicitor to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Crosby Conveyancing for Leasehold Flats - Sample of Queries before buying
Does the lease have in excess of 80 years remaining? Is there a share of the freehold? The best form of lease structure is a share of the freehold. In this arrangement the lessees benefit from being in charge if their destiny and notwithstanding that a managing agent is usually employed if the building is bigger than a house conversion, the managing agent is directed by the tenants.