I am buying an apartment in Rhuddlan. My Solicitor is not listed on the bank solicitor panel. Am I still permitted to appoint my Rhuddlan conveyancing solicitor notwithstanding that they are not on the lender panel of approved conveyancing solicitors?
You must instruct a lawyer to deal with the formalities if you require a mortgage to buy your property. The lawyer will carry out all the appropriate investigations on the property, make sure that you will be properly registered as the owner and ensure that all the required mortgage paperwork is in place. You may select a Rhuddlan conveyancer of your choice. Nevertheless, if the property lawyer appointed is not a member of the lender conveyancing panel additional fees will arise as separate legal representation will be need by the lender. Lender panel applications can be submitted, so provided your lawyer has not previously sought membership they should do so.
Our solicitor has identified a a legal deficiency with the lease for the property we are purchasing in Rhuddlan. The other side have suggested defective title insurance as a solution. We are happy with insurance and will pay for it. Our lawyer says that he must be satisfied that the mortgage company is happy with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. Your conveyancer 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 bank 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 conveyancer will have no choice but to discontinue acting for you.
I am thinking of appointing a conveyancing lawyer in Rhuddlan for my house move. Is there any facility to see a firm’s complaints history with the legal regulator?
One may find documented Solicitor Regulator Association (SRA) determinations stemming from investigations from 2008 onwards. Go to Check a solicitor's record. To find information about the period before 1 January 2008, or to check a solicitors history, ring 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, use +44 (0)121 329 6800. The regulator sometimes monitor call for training reasons.
In relation to leasehold conveyancing in Rhuddlan what are the most common lease defects?
There is nothing unique about leasehold conveyancing in Rhuddlan. Most leases are drafted differently and legal mistakes in the legal wording can sometimes mean that certain provisions are wrong. The following missing provisions could result in a defective lease:
Service charge per centages that don't add up correctly leaving a shortfall Insurance obligations
You may encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Bank of Scotland, and Clydesdale all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, forcing the purchaser to withdraw.
I purchased a basement flat in Rhuddlan, conveyancing was carried out 8 years ago. Can you shed any light on how much the price could be for a 90 year extension to my lease? Corresponding properties in Rhuddlan with an extended lease are worth £216,000. The ground rent is £50 charged once a year. The lease expires on 21st October 2092
With 69 years remaining on your lease we estimate the premium for your lease extension to range between £9,500 and £11,000 plus costs.
The figure that we have given is a general guide to costs for extending a lease, but we are not able to provide a more accurate figure in the absence of detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you move forward based on this information without first seeking the advice of a professional.
My step-mother purchased her house in Rhuddlan 7 years past. She has since got married, divorced and is now remarried. She wishes to market the property in a couple of months. I think she will just be requested to provide a copy of the marriage certificates to the conveyancer but she is anxious it could frustrate the house move. Should she appoint a solicitor to update the Land Registry details for the property?
The is no need to bring up to date the register providing you have the evidence needed to demonstrate how the change of name has come about.
The buyer’s conveyancer should examine the land registry details and request evidence to establish the change of name e.g. marriage certificates.