I am hoping to receive a mortgage with Halifax. I would like to retain the legal services of a Licensed Conveyancer in London. Does the Halifax Conveyancing panel allow for conveyancers regulated by the CLC?
The Halifax conveyancing panel is, like many other lenders, represented by the CML or BSA, open to Licensed Conveyancers regulated by the CLC.
Our lawyer has identified a a problem with the lease for the flat we are buying in London. The seller’s lawyers have suggested defective title insurance as a solution. We are happy with insurance and will pay for it. Our property lawyer says that he must ensure that the lender is content with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company 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 lawyer will have no choice but to discontinue acting for you.
This question may be naive but I am unseasoned as FTB of a two bedroom flat in London. Do I collect the keys to the premises on completion from my conveyancer? If this is the case, I will instruct a High Street conveyancing solicitor in London?
There is no need to visit the lawyers office on the day of completion. Conveyancing lawyers for you will transfer the purchase money to the owner’s conveyancers, and once they have received this, you should be called to receive the keys from the Estate Agents and start moving into the property. This tends to happen between 1 and 3pm.
Is there a list of TSB panel conveyancers in London on the Building Society Association’s Website?
No. There is no such directory service on the Council of Mortgage Lenders or Building Society Association websites. A small selection of banks make their panel listings open the public on the web. Where you are seeking to appoint a London property lawyer on the TSB please make the most of our facility.
After shopping around on the internet I have found a London conveyancer having checked that they are on the Bank of Ireland conveyancing panel. Does my lawyer arrange the survey of the property?
Bank of Ireland will need an independent valuation of the property. Your lawyer will not arrange this. Usually Bank of Ireland 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 property lawyer 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 London postcode. As you are getting a mortgage with Bank of Ireland, you could contact them to see if they have a list of approved surveyors in London.
My husband and I are new to the buying process - had an offer accepted, yet the property agent advised that the seller will only go ahead if we appoint their preferred solicitors as they need a ‘quick sale’. My instinct tells me that we should use a local conveyancer used to conveyancing in London
It is highly unlikely the sellers are behind this. If they want ‘a quick sale', turning down a genuine buyer is is going to put the whole deal at risk. Contact the sellers directly and make sure they comprehend that (a)you are genuine purchasers (b)you are excited to move forward, with finances arranged © you are chain free (d) you intend to proceed fast (e)however you will continue to use your own,trusted London conveyancing lawyers - as opposed tothose that will give their estate agent a referral fee or hit his conveyancing thresholds pre-set by corporate headquarters.
The lawyers handling our conveyancing in London has forwarded papers to review that show the land is unregistered with epitome documents. Is it not the case that all houses in London are registered?
The majority of property in London is registered. An 'epitome' is basically a dossier of photocopies of documents affecting an unregistered title. Many London conveyancing lawyers will be capable of dealing with this type of conveyancing but if any uncertainty exists the prevailing proposition presently is for the current owners to address the registration formalities first and thereafter deal with the disposal - this undoubtedly cause a significant delay.