I plan on acquiring a ground floor flat in Maryland. My property lawyer is not on the mortgage company solicitor list. Can I still retain my Maryland conveyancing solicitor even though they are excluded from the bank panel?
One must use a conveyancing practitioner to deal with the formalities if you take out a mortgage to purchase your home. They will carry out all the appropriate legal checks on the property, ensuring that you’re properly registered as the owner and ensure that all the necessary mortgage documentation is dealt with. One can instruct a Maryland conveyancer of your choosing. However, where the conveyancing practitioner selected is not a member of the mortgage company approved list further costs will arise as separate legal representation will be need by the lender. Conveyancing panel applications can be submitted, so if your lawyer has not previously sought membership they should take the opportunity to apply.
Do the conveyancing solicitors listed on your site conduct conveyancing in Maryland by way of an attended exchange?
There are a few conveyancing experts carrying out personalised exchanges. Please call us to obtain a fee calculation and details as to dates.
The Maryland conveyancing firm that I recently instructed on my purchase in Maryland have without warning closed. I chose them because I needed a solicitor on the Barclays conveyancing panel and my family Maryland lawyer was not. I paid them money on account. What should be my next steps?
Assuming that you have an Estate Agent in the equation then let them know immediately so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Barclays conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers should be in a position to help.
We had instructed conveyancing lawyers based in Maryland on the Nottingham solicitor panel. They are now charging me a supplemental sum for the legal aspects of the Nottingham mortgage. Is this an additional conveyancing fee set by Nottingham?
Provided it is contained in their Terms of Engagement or estimate then yes your conveyancer can charge a fee for this. The fee is not dictated by Nottingham but by your Maryland property lawyer. Some firms on the Nottingham panel will quote ’dealing with mortgage’ fee but some practices include it on their overall fee.
I have today made my last payment due on my mortgage with Co-operative. I assume I don't need a Maryland lawyer on the Co-operative panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Co-operative 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 Co-operative mortgage from the register. Co-operative, 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 Co-operative has sent the Land Registry the discharge electronically, and
- Co-operative has instructed the Land Registry to do so
After shopping around on the internet I have found a Maryland conveyancing practitioner having made sure that they are on the TSB conveyancing panel. Does my lawyer arrange the survey of the property?
TSB will need an independent valuation of the property. Your lawyer will not arrange this. Usually TSB 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 Maryland postcode. As you are getting a mortgage with TSB, you could contact them to see if they have a list of approved surveyors in Maryland.
Last October I purchased a leasehold property in Maryland. Am I liable to pay service charges for periods before my ownership?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
After months of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in Maryland. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
in cases where there is a absentee landlord or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to judgment on the price.
An example of a Lease Extension case for a Maryland premises is 151A Ham Park Road in May 2010. The matter came before the Tribunal by way of a vesting order made on 12 June 2009 Deputy District Judge Coonan in Bow County Court. The tribunal decided that the sum payable for the m to be paid for the lease extension was £21,445 This case was in relation to 1 flat.