Is the fact that my solicitor in Kent is not on my mortgage company's solicitor panel that there is a problem with the standard of his conveyancing?
It would not be wise to jump to that conclusion. There are plenty of plausible explanations. Just recently a report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (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 contact the Kent conveyancing practice and ask them why they are no longer on the approved list for your mortgage company.
We are about to exchange on the purchase of a house in Kent but as a consequence of damage from the recent storms I have managed to agree reparation from the owner in the sum of £2k in the form of a deduction in the price. I had intended this to be addressed as part of a side agreement yet Principality will not agree to this. Why were they informed?
Your conveyancing practitioner being on a Principality approved list is required to disclose to Principality of any changes to the sale price. If you prohibit your solicitor to disclose the reduction to Principality then they would have to discontinue acting for you. In addition, Principality and you would have to appoint a new property lawyer for your conveyancing in Kent.
We're in Kent, First timers purchasing with a mortgage (lender is UBS , and our lawyer is on the UBS conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the UBS conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
Is it the case that all Kent conveyancing solicitors on the TSB conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the TSB conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. The majority of banks do permit licenced conveyancers on their panel and in that case the firms would be overseen by the Council of Licensed Conveyancers.
I have today made my last payment due on my mortgage with Leeds Building Society. I assume I don't need a Kent solicitor on the Leeds Building Society panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Leeds Building Society mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Leeds Building Society mortgage from the register. Leeds Building Society, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Leeds Building Society has sent the Land Registry the discharge electronically, and
- Leeds Building Society has instructed the Land Registry to do so
I can not fathom if my lender requires a lease extension. I have called into my local Kent building society branch on various occasions and was reassured it wasn't a problem and they will lend. My Kent conveyancing solicitor - who is on the lender conveyancing panel- called and was told they will not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
As long as the conveyancer is on the mortgage company approved list, they must adhere to the CML Handbook conditions for the lender. Unless your lawyer obtains specific confirmation in writing that the lender 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 remaining.
Despite weeks of looking the Title Certificate and documents to our house can not be found. The solicitors who handled the conveyancing in Kent 5 years ago have long since closed. What are my next steps?
Nowadays there are copies made of almost everything, and your solicitor will know precisely where to find all the relevant paperwork so you can buy or dispose of your property without a hitch. Where duplicates are not available, your solicitor may be able to put in place insurance or indemnities protecting you against future claims on the premises.