I am nearing exchange of contracts for my flat in Marazion and the EA has just telephoned to advise that the purchasers are switching solicitor. The excuse is that the mortgage company will only engage with property lawyers on their conveyancing panel. On what basis would a big named mortgage company only deal with specific law firms rather the firm that they want to appoint to handle their conveyancing in Marazion ?
UK lenders have always had panels of law firms they are content to work with, but in the last few years big names such as Nationwide, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for more than 15 years.
Lenders blame a rise in fraud as the reason for the pruning – criteria have been narrowed as a smaller panel is easier to maintain. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are unlikely to have any impact on this.
My lawyer has uncovered a a legal deficiency with the lease for the property we are buying in Marazion. The other side have put forward title insurance as a workaround. We are happy with insurance and will cover the costs. Our says that he must ensure that the mortgage company is willing to move forward 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 mortgage company are the client. Your 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 will have no choice but to discontinue acting for you.
My brother-in-law has suggested I instruct a conveyancing solicitor in Marazion. I need to find out whether they are on the approved list of lawyers. Could you assist?
You should call the solicitor and ask them whether they can act for the bank. Otherwise please call who may be able to assist.
Have completed on a a semi-detached house in Marazion , how long should it take for the Land Registry to register the transfer to my name? My Marazion conveyancing solicitor works at snail pace, so I want to be sure that my ownership is registered.
There is nothing unique when it comes to conveyancing in Marazion registration formalities. Rather than based on location, timeframes can vary subject to the party submitting the application, whether there are errors and whether the Land registry must send notices to any 3rd persons or bodies. Currently approximately three quarters of such applications are completed within two weeks but some can be subject to extensive hold-ups. Registration occurs once the buyer is living at the property thus 'speed' is not typically primary concern yet if there is a degree of urgency associated with the registration then you or your solicitor should communicate with the Registry to express the reasoning for the application to be prioritised.
I pay a maintenance fee for my property in Marazion. As a result of poor financial planning I fell into arrears with payments. I negotiated a settlement schedule but there remains around £2000 outstanding at the current time.
I want to sell and I am worried this will threaten to derail the sale if I have to discharge the arrears first. Do I have to settle before - is this possible?
It would be wise to speak with the carrying out your Marazion conveyancing but one option may be to agree for the debt to be attributed to the buyers. The purchase price payable would be reduced to reflect the amount of debt they take on. They could then pay the arrears post completion of the sale.