I am nearing exchange of contracts for my apartment in Dunstable and the EA has just telephoned to advise that the buyers are switching property lawyer. I am told that this is due to the fact that the mortgage company will only engage with property lawyers on their approved list. Why would a leading lender only work with certain solicitors rather the firm that they want to select for their conveyancing in Dunstable ?
Mortgage companies have always had panels of law firms that can represent them, but in the past few years big names such as Nationwide, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for decades.
Lending institutions blame a rise in fraud by way of justification for the reduction – criteria have been narrowed as a smaller panel is easier to oversee. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says 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. Your buyers are unlikely to have any sway in the decision.
My wife and I are purchasing a new build duplex in Dunstable and my lawyer is informing me that she is duty bound to the mortgage company to reveal incentives from the builder. I am nearing the developer’s deadline to sign contracts and I have no desire to delay the conveyancing. Is my lawyer right?
You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook specifications. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
The Dunstable conveyancing solicitors that I appointed last week on my purchase in Dunstable have without warning closed. They were on acting for me because I needed a firm on the Kent Reliance conveyancing panel and my previous Dunstable lawyer was not. I paid them funds on account. What are my options?
Assuming that you have an Estate Agent in the equation then let them know straight away so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Kent Reliance 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 should be in a position to help.
I am purchasing a new build house in Dunstable benefiting from help to buy. The sellers would not budge the price so I negotiated 6k of extras instead. The sale representative suggested that I not to tell my solicitor about this extras as it could put at risk my loan with Nationwide Building Society. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
My brother has suggested that I use his conveyancers in Dunstable. Do I follow his recommendation?
There are no two ways about it the ideal way to find a conveyancing practitioner is to seek guidance from friends or family who have experience in using the solicitor that you are contemplating using.