My husband and I are hoping to purchase a flat in Hendon and have appointed a Hendon conveyancing firm. Within the last couple of days our lawyer has forwarded the sale agreement to be signed with a detailed report with the expectation that exchange is imminent. Bank of Ireland have this afternoon contacted us to advise us that they have now hit a problem as our Hendon lawyer is not on their approved list of lawyers. Is this a problem?
If you are buying a property needing a mortgage it is conventional for the purchasers' lawyers to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyer should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the bank's conveyancing panel and you may continue to use your own Hendon solicitors, in which case your legal fees may increase, and it may delay matters as you have another set of people involved.
What happens if my solicitor is removed from the Clydesdale Conveyancing panel ahead of completing my conveyancing in Hendon?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
The formalities of my purchase has taken place for my property in Hendon. Conveyancing was of an acceptable standard but I would like to complain about the lender. Who do I contact should I wish to lodge a complaint?
Most lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. We understand that complaints to a lender are sorted out effectively and efficiently. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
I am selling my house. I had a double glazing fitted in July 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Coventry BS are being pedantic. The Hendon solicitor who is on the Coventry BS conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Coventry BS are requiring a building regulation certificate. Why do Coventry BS have a conveyancing panel if they don't accept advice from them?
It is probably the case that Coventry BS have referred the matter to their valuer. The reason why Coventry BS 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.
After what feels like an age I have had an offer on a maisonette in Hendon agreed to, but there is a chain. The owners have offered on a flat, however it’s not yet tied up, and are looking at other properties in the pipeline. I have instructed a local conveyancing solicitor in Hendon. What should be my next step? At what point do I apply for the mortgage with Santander?
It is understandable to have anxieties where there is a chain as you are unlikely to want to incur costs too early (mortgage application is in the region of one thousand pounds, then valuation, Hendon conveyancing search fees, etc). First, you should ensure that your property lawyer is on the Santander conveyancing panel. Concerning the next phase this very much dictated by the uniqueness of your case, attraction to the property and on the state of the market. In a buoyant market the majority of buyers would apply for a home loan with Santander and pay for the valuation and only if it comes back ok would they ask their conveyancer to move forward with searches.
I used Wolstenholmes several years past for my conveyancing in Hendon. Now, I need my files however the law firm has closed. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Hendon of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
How and when do I incur the Stamp Duty Land Tax chargeable for my Hendon house purchase?
Your property lawyer will complete a stamp duty return for you during your Hendon purchase transaction for you to sign. On completion your property lawyer will submit your STL application to the Inland Revenue and - as long as they have the funds - pay any land tax payable on your behalf.