My wife and I are buying a 1 bedroom apartment in Poynton with a mortgage. We have a Poynton solicitor, but the mortgage company advise he's not on their "panel". We have to appoint one of the mortgage company panel solicitors or keep our Poynton conveyancing practitioner and pay for one of their panel firms to represent them. We consider that this is unjust; can we not insist that the bank use our Poynton conveyancer ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose 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 Poynton conveyancing solicitor to apply to be on the conveyancing panel.
is it true that all Poynton conveyancing solicitors on the HSBC conveyancing panel are regulated by the SRA?
As solicitors, in order to be on the HSBC approved list of solicitors they would need to be governed by the Solicitors Regulatory Authority. Some banks do list licenced conveyancers on their panel in which case such organisation would be regulated by the CLC.
I can not fathom if my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Poynton bank branch on numerous occasions and was told they are content with the situation and they will lend. My Poynton conveyancing solicitor - who is on the lender conveyancing panel- called to say that they refuse to lend based on their specific requirements. Who do I believe?
The conveyancer must follow the CML Handbook Part 2 requirements for your lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
After much negotiation I have agreed a price on an apartment in Poynton. My mortgage broker recommended their conveyancers. I paid an on account payment of £200. Soon after, the property lawyer contacted me sheepishly admitting that they were not on the Yorkshire BS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Yorkshire BS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Me and my brother purchased a terraced Edwardian house in Poynton. Conveyancing practitioner acted for me and Godiva Mortgages Ltd. I did a free Land Registry search last week and there are two entries: the first freehold, the second leasehold under the exact same address. Is it worth asking Godiva Mortgages Ltd to clarify?
You need to 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Poynton 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 purchasers. You can also check the situation with your conveyancing solicitor who conducted the purchase.
How does conveyancing in Poynton differ for newly converted properties?
Most buyers of new build or newly converted property in Poynton approach us having been asked by the developer to sign contracts and commit to the purchase even before the property is ready to move into. This is because developers in Poynton tend to buy the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Poynton or who has acted in the same development.
I am thinking of appointing a conveyancing lawyer in Poynton for my house move. Is it possible to review a firm’s record with the legal regulator?
Members of the public can see published Solicitor Regulator Association (SRA) determinations resulting from inquisitions commenced on or after 1 January 2008. Go to Check a solicitor's record. To find information about the period before 1 January 2008, or to check a solicitors history, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, dial +44 (0)121 329 6800. The regulator sometimes recorded call for training purposes.