My conveyancer has discovered a a problem with the lease for the apartment we are buying in Mortimer. The seller’s lawyers have offered title insurance as a workaround. We are content with insurance and will pay for it. Our lawyer has advised that he must check that the lender is happy with this solution. Are we the client or is the mortgage company ?
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 conveyancing practitioner 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 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.
My husband and I are buying a purpose built apartment in Mortimer with a loan from Britannia.We would like to retain our Mortimer conveyancing solicitor but Britannia says he's not listed on their approved list of member firms. We have to appoint a Britannia panel solicitor or keep our high street solicitor and fork out for one of their panel ones to represent them. We feel as though this is unjust; is there anything we can do?
Unfortunately,no. The loan issued to you is subject to its terms and conditions, one of which will be that conveyancers must be on the Britannia conveyancing panel. in the past, most lenders had large numbers of law firms on their panels: a borrower could find 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 lawyer to apply to be on the conveyancing panel for Britannia
Me and my brother have a 4 bedroom Georgian property in Mortimer. Conveyancing practitioner acted for me and Norwich and Peterborough Building Society. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, the second leasehold with the exact same property. I thought I was buying a freehold how can I check?
You should assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Mortimer and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the situation with the conveyancing lawyer who conducted the conveyancing.
Do I need to be wary that brokers that I am dealing with are encouraging me to use an online conveyancing firm as opposed to a High Street Mortimer conveyancing practice?
As with lots of service providers, often input from family and friends can be most helpful. Nevertheless there are lots of players in a conveyancing deal; estate agents, financial adviser and mortgage companies may recommend lawyers to choose. Sometimes the solicitors might be known to one of the organisations as experts in their field, but sometimes there behind the scenes commercial relationship behind the endorsement. You have the discretion to select your own lawyer. Don't forget that most lenders have an approved list of law firms you have to use for the lender aspect of your house move.
Your search tool is useful but there are many lawyers listed near Mortimer being on the bank conveyancing panel. It would be a lot more helpful if you could recommend a specific firm on the lender approved panel?
We do not recommend specific Mortimer firms as the right Mortimer conveyancing firm for you depends on where your priorities lie. For example you may require a local firm with Mortimer knowledge or you might be looking for the low cost conveyancing. Before you appoint your lawyer we advise you to speak to two or three of the the firms listed to gain comfort as to which one is right for you..