My wife and I are hoping to acquire a house in Llandyrnog and are in fact using a Llandyrnog conveyancing firm. Within the last couple of days our lawyer has sent a preliminary report and documents to look through with a view to exchanging next week. Clydesdale have this evening contacted us to advise us that they have now hit a problem as our Llandyrnog conveyancer is not on their approved list of lawyers. Please explain?
If you are buying a property needing a mortgage it is normal for the purchasers' lawyers to also represent the purchaser's lender. 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 Quality Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on the lender’s conveyancing panel as you are at liberty to use your preferred Llandyrnog lawyers, in which case your legal fees may increase, and it may delay matters as you have another set of people involved.
Why do I have to pay up front when it comes to conveyancing in Llandyrnog?
If you are buying a property in Llandyrnog your lawyer will ask you to provide them with monies to cover the the cost of the conveyancing searches. Generally this is asked for to cover the fees of the conveyancing searches. If any down payment is payable against the sale price then this should be needed immediately before exchange of contracts. The closing balance that is due will be payable a few days ahead of the completion date.
We previously selected solicitors locally in Llandyrnog on the Yorkshire BS solicitor approved list. They are now charging me a further amount for handling the Yorkshire BS mortgage. Is this a supplemental conveyancing fee set by Yorkshire BS?
Unfortunately, as long as it is in their Terms of Engagement or Quote then yes your property lawyer can charge a fee for this. This charge is not set by Yorkshire BS but by your Llandyrnog conveyancer. Plenty of firms on the Yorkshire BS panel will levy an ‘acting for lender’ fee but many practices incorporate it on their overall fee.
The mortgage over my property is with Aldermore for my property in Llandyrnog. Conveyancing has been completed a year ago. In the event that I decide to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Aldermore?
Your original mortgage agreement with Aldermore will provide that you need their approval before letting out your property as this is likely to be a breach of Aldermore’s mortgage conditions. It may be that Aldermore will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Aldermore directly. It should not be necessary to do this via a Aldermore conveyancing panel firm.
Having read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Llandyrnog solicitor - who is on the Coventry BS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Coventry BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Coventry BS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Llandyrnog postcode. As you are getting a mortgage with Coventry BS, you could contact them to see if they have a list of approved surveyors in Llandyrnog.
About to purchase a new build apartment in Llandyrnog. 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.
Here is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Llandyrnog
Please supply a car parking plan. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? 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.
In my capacity as executor for the will of my uncle I am disposing of a property in Neath but reside in Llandyrnog. My solicitor (approximately 200 miles awayhas requested that I sign a statutory declaration ahead of the transaction finalising. Can you recommend a conveyancing practitioner in Llandyrnog to witness and place their company stamp on the document?
Technically speaking you are unlikely to need to have the documents attested by a conveyancing solicitor. Normally any notary public or solicitor will do regardless of whether they are located in Llandyrnog