My husband and I are getting closer to an exchange on a property in East Yorkshire and my mum and dad have transferred the 10% deposit to my conveyancing practitioner. I am now informed that as the deposit has not arrived from me my property lawyer needs to make a notification to my mortgage company. I am advised that, in also acting for the bank he must inform them that the balance of the purchase price is not just from me. I advised the lender regarding my parents' contribution when I applied for the mortgage, so is it really necessary for this now to delay the deal?
Your lawyer is legally required to check with mortgage company to ensure that they understand that the balance of the purchase price is not from your own funds. The solicitor can only reveal this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
I am purchasing a property in East Yorkshire. An unusual aspect is that the roof has a solar panel. UBS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As your lender is UBS your lawyer must comply with the conveyancing requirements set out in Part two of UK Finance Lenders’ Handbook for UBS. The CML Handbook stipulates minimum provisions for solar panel roof-space leases, and conveyancing practitioners are required to report to UBS where a lease fails to satisfy these requirements. The specifications relate to the installation of panels on properties nationwide and is not restricted to East Yorkshire.
I can not work out if my mortgage offer requires a lease extension. I have telephoned my East Yorkshire building society branch on numerous occasions and was reassured it wasn't an issue and they would lend. My East Yorkshire conveyancing solicitor - who is on the mortgage company conveyancing panel- called to say that they refuse to lend based on their published requirements. Who do I believe?
Your property lawyer must comply with the Council of Mortgage Lenders’ Handbook section two conditions for your lender. 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 bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I am due to exchange contracts on my apartment. I had a double glazing fitted in September 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Co-operative are being pedantic. The East Yorkshire solicitor who is on the Co-operative conveyancing panel is saying indemnity insurance will be fine but Co-operative are insisting on a building regulation certificate. Why do Co-operative have a conveyancing panel if they don't accept advice from them?
It is probably the case that Co-operative have referred the matter to their valuer. The reason why Co-operative may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Are there restrictive covenants that are commonly identified during conveyancing in East Yorkshire?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in East Yorkshire. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Due to the guidance of my in-laws I had a survey completed on a house in East Yorkshire before instructing conveyancers. I have been informed that there is a flying freehold element to the house. The surveyor has said that some mortgage companies tend not give a mortgage on this type of home.
It varies from the lender to lender. Bank of Scotland has different instructions from Nationwide. If you contact us we can investigate further with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in East Yorkshire. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in East Yorkshire to see if the conveyancing will be more expensive.
What are my options where I am not happy with the conveyancing practitioner who undertook our conveyancing in East Yorkshire?
Occasionally the level of service you receive is not as you expect, and is is a fact of life that occasionally things do go wrong. However there is recourse if you were not happy with your conveyancing in East Yorkshire. This varies from trying to resolve matters directly with them, through to reporting a solicitor to their governing body. If things still aren’t resolved you may consider getting in touch with the Legal Ombudsman.