I am in the process of selling my ground floor flat in Penzance and the EA has just telephoned to advise that the purchasers are swapping property lawyer. The excuse is that the lender will only deal with property lawyers on their conveyancing panel. Why would a major mortgage company only engage with specific solicitors rather the firm that they want to appoint for their conveyancing in Penzance ?
UK lenders have always had an approved set of law firms that can act for them, 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 decades.
Mortgage companies attribute this action to a rise in fraud by way of justification for the reduction – criteria have been stiffened as a smaller panel is easier to oversee. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Plenty of firms 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. The purchasers are unlikely to have any impact on this.
My husband and I are getting closer to an exchange on a house in Penzance and my mum and dad have sent the ten percent deposit to my property lawyer. I am now advised that as the deposit has not arrived from me my lawyer needs to disclose this to my lender. I am advised that, in also acting for the mortgage company he must advise them that the balance of the purchase price is not just from me. I disclosed to the bank concerning my parents' contribution when I applied for the mortgage, so is it really necessary for this now to be an issue?
Your solicitor is obliged to check with the bank to make sure that they are aware that the balance of the purchase price is not from your own funds. Your solicitor can only disclose this to your lender if you permit them to, failing which, your lawyer must cease to continue acting.
It is a dozen years since I acquired my property in Penzance. Conveyancing solicitors have now been appointed on the sale but I am unable to track down my title deeds. Is this a major issue?
You need not be too concerned. Firstly the deeds may be kept by the lender or they may still be with the solicitor who acted in your purchase. Secondly in most cases the title will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors procuring current official copies of the land registers. The vast majority of conveyancing in Penzance involves registered property but in the unlikely event that your property is unregistered it is more tricky but is not insurmountable.
I have justbeen informed that Wolstenholmes have closed. They conducted my conveyancing in Penzance for a purchase of a freehold house 9 months ago. How can I be sure that the property is not still registered in the name of the previous owner?
The quickest way to see if the property is in your name, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Penzance conveyancing specialists.
What are the differing property related services that Penzance conveyancing solicitors manage?
Generally most Penzance conveyancing organisations will provide various legal advice to domestic and agricultural land proprietors, sellers, investors, freeholders and leaseholders helping outwith some of the following:
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Domestic sale conveyancing in Penzance and nationally
Private residential purchase conveyancing in Penzance and also around the country
Declarations of Trust for family and other joint ownership Non-contentious landlord & tenant matters Shariah Compliant Finance including sales, purchases and refinances Assisted buying schemes - Help to Buy conveyancing