We are buying a 3 bedroom flat in Leven with a mortgage. We wish to retain our Leven conveyancer, however the lender says he's not on their "panel". It seems we have little option but to appoint one of the lender panel conveyancing practices or continue with our Leven conveyancing practitioner as well as pay for one of their panel ones to act for them. This seems very unfair; are we not able to demand that the mortgage company use our Leven conveyancer ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Leven conveyancing lawyer to apply to be on the conveyancing panel.
The deeds to our house can not be found. The conveyancers who handled the conveyancing in Leven 4 years ago have long since closed. What are my next steps?
Assuming the title is registered the details of your ownership will be recorded by HMLR with a Title Number. It is possible to conduct a search at the Land Registry, locate your property and secure up to date copies of the Registered Entries for less than a fiver. Where the property is Leasehold then the Land Registry will in most cases hold a file duplicate of the Registered Lease and again, a copy can be retrieved for £20 inclusive of VAT.
I've recently found out that there is a flying freehold issue on a house I put an offer in two weeks back in what should have been a quick, chain free conveyancing. Leven is the location of the property. Can you shed any light on this issue?
Flying freeholds in Leven are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Leven you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Leven may determine 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 premises.
Am I right to be concerned about brokers that I am dealing with are suggesting a national conveyancing firm as opposed to a High Street Leven conveyancing company?
As with lots of professional services, often input from relatives can be extremely useful or valuable. Yet there are numerous people with a vested interest in a conveyancing deal; estate agents, financial adviser and mortgage companies may recommend solicitors to instruct. On occasion the conveyancers might be known to one of the organisations as being good in their field, but occasionally there might be a commercial relationship behind the endorsement. You have the discretion to appoint your own lawyer. Don't forget that many mortgage providers operate an approved list of law firms you have to use for the lender aspect of your home move.
As co-executor for the will of my aunt I am disposing of a house in Newport but I am based in Leven. My lawyer (who is 235 kilometers awayneeds me to execute a statutory declaration prior to the transaction finalising. Could you suggest a conveyancing solicitor in Leven to attest and place their company stamp on the document?
Technically speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Normally any notary public or solicitor will do regardless of whether they are based in Leven