Is the fact that my solicitor in Hornsea is not listed on my mortgage company's conveyancing panel that there is a problem with the standard of her conveyancing?
It would be unwise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator revealed that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) lack of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should simply call the Hornsea conveyancing practice and enquire why they are no longer on the approved list for your lender.
My solicitor has identified a a legal deficiency with the lease for the apartment we are buying in Hornsea. The seller’s lawyers have suggested defective title insurance as a workaround. We are happy with insurance and will pay for it. Our lawyer says that he must check that the mortgage company is content with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancing practitioner will have no choice but to discontinue acting for you.
As a novice what is the most important advice you can give me regarding purchase conveyancing in Hornsea?
You may not hear this from too many lawyers but conveyancing in Hornsea or throughout East Yorkshire is often a confrontational experience. In other words, when it comes to conveyancing there exists lots of room for friction between you and others involved in the transaction. For instance, the vendor, property agent and even potentially the bank. Selecting a law firm for your conveyancing in Hornsea should not be taken lightly as your conveyancer is your adviser, and is the ONLY party in the legal process whose responsibility is to look after your legal interests and to keep you safe.
We are witnessing a worrying increase in the "blame" culture- someone has to be at fault for the process taking so long. We recommend that you should always trust your conveyancer above the other parties in the conveyancing process.
I am buying a new build flat in Hornsea. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Hornsea
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Forfeiture - bankruptcy or liquidation must not apply under this provision. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
I have been on the look out for a leasehold apartment up to £195,000 and identified one near me in Hornsea I like with amenity areas and transport links in the vicinity, the downside is that it's only got 61 years unexpired on the lease. I can't really find anything else in Hornsea suitable, so just wondered if I would be making a grave error purchasing a short lease?
If you require a home loan that many years will likely be an issue. Reduce the offer by the expected lease extension will cost if it has not already been discounted. If the current owner has owned the premises for a minimum of twenty four months you could request that they commence the lease extension formalities and then assign it to you. An additional ninety years can be extended on to the current lease term with a zero ground rent applied. You should consult your conveyancing lawyer regarding this.