I am 4 weeks into the sale of my house in Earlsfield and the estate agent has just text me to warn that the purchasers are switching law firm. I am told that this is due to the fact that the mortgage company will only engage with property lawyers on their conveyancing panel. On what basis would a major lender only deal with specific law firms rather the firm that they want to select for their conveyancing in Earlsfield ?
UK lenders have always had panels of law firms that can act for them, but in recent years big names such as HSBC, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for many years.
Lenders point to the increase in fraud as the reason for the reduction – criteria have been narrowed as a smaller panel is easier to maintain. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are unlikely to have any impact on this.
Finally the sale completed on my house in Earlsfield last July but my buyer keeps calling daily to say his conveyancer needs to hear from myconveyancer. What should my lawyer have done following completion?
Following your disposal your solicitor should deliver the transfer documentation and all additional paperwork to the purchaser's solicitors. If applicable, your lawyer should also send confirmation that the mortgage has been redeemed to the purchasers solicitors. There is unlikely to be post completion formalities specific conveyancing in Earlsfield.
We are expecting a mortgage offer soon. The lender mentioned the loan came with free conveyancing. Does this mean I have to use their panel conveyancer as I would prefer to instruct a local conveyancing solicitor in Earlsfield?
You should check but the chances are that appoint one of their panel lawyers should you accept the "fee-free" offer. Contact the mortgage company and explore if they allow a cash alternative. In the past a few mortgage companies offered a £250 cashback as an alternative in which case that money can go towards the cost for your conveyancing solicitor near Earlsfield.
I've recently found out that there is a flying freehold issue on a house I have offered on last month in what was supposed to be a quick, no chain conveyancing. Earlsfield is where the house is located. Can you shed any light on this issue?
Flying freeholds in Earlsfield are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Earlsfield you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Earlsfield may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
The conveyancers undertaking our conveyancing in Earlsfield has forwarded papers to review that reveal that the land is unregistered with epitome documents. Is it not the case that all houses in Earlsfield should be registered?
Much of the property in Earlsfield is registered. An 'epitome' is basically a dossier of photocopies of documents affecting an unregistered title. Plenty of Earlsfield conveyancing practitioners should be familiar with such matters but in the event that uncertainty exists the conventional proposition nowadays seems to be for the current owners to register it first and thereafter sell - this will have a domino effect to cause a significant delay.