I am in the process of selling my house in Rotherham and the EA has just telephoned to advise that the buyers are switching conveyancer. The excuse is that the bank will only engage with solicitors on their approved list. On what basis would a big named mortgage company only work with specific law firms rather the firm that they want to choose for their conveyancing in Rotherham ?
Lenders have always had an approved set of law firms they are willing to work with, but in the last few years big names such as Santander, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for more than 15 years.
Mortgage companies attribute this action to a rise in fraud by way of justification for the reduction – criteria have been narrowed as a smaller panel is easier to monitor. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Some 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 buyers are not going to have any sway in the decision.
After looking at mumsnet.com for an affordable lawyer in Rotherham, most advise that I must instruct a CQS accredited solicitor. Can you explain what CQS is?
Rotherham Conveyancing Quality Scheme practices have obtained certification by the law Society CQS was created to promote high standards in the in the legal transfer of properties. CQS enables house movers to recognise solicitor firms that provide a quality residential conveyancing. Rotherham is one of locations in England and Wales in which CQS have offices. The scheme requires solicitors to undergo a strict assessment, compulsory training, self-reporting, spot checks and yearly assessments in order to maintain CQS status. It is available to solicitors and not licensed conveyancers and has the support of the Association of British Insurers.
We have agreed to purchase a house in Rotherham. A rare aspect is that the roof has a solar panel. Yorkshire BS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As you are obtaining a mortgage with Yorkshire BS your lawyer must follow the formal instructions outlined in Section two of UK Finance Lenders’ Handbook for Yorkshire BS. The CML Handbook includes minimum specifications for solar panel roof-space leases, and conveyancing practitioners are required to report to Yorkshire BS where a lease does not meet these specifications. The provisions relate to the installation of panels on properties in England and Wales and is not restricted to Rotherham.
I have today made my last payment due on my mortgage with Virgin Money. I assume I don't need a Rotherham lawyer on the Virgin Money panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Virgin Money 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 Virgin Money mortgage from the register. Virgin Money, 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 Virgin Money has sent the Land Registry the discharge electronically, and
- Virgin Money has instructed the Land Registry to do so
I am selling my house. I had a double glazing fitted in December 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Kent Reliance are being difficult. The Rotherham solicitor who is on the Kent Reliance conveyancing panel is recommending indemnity insurance as a solution but Kent Reliance are insisting on a building regulation certificate. Why do Kent Reliance have a conveyancing panel if they don't accept advice from them?
It is probably the case that Kent Reliance have referred the matter to their valuer. The reason why Kent Reliance may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
What can a local search inform me concerning the house my wife and I buying in Rotherham?
Rotherham conveyancing often starts with the submitting local authority searches directly from your local Authority or through a personal search organisations such as Xpress Legal The local search plays a central part in many a Rotherham conveyancing purchase; that is if you wish to avoid any nasty surprises after you move into your property. The search will reveal information on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject areas.
I'm remortgaging my primary house to a BTL loan with Chelsea Building Society and intend to use the remaining equity towards a second property. The neighborhood we are looking at is Rotherham. Will your conveyancers be able to act for both sets of mortgage companies and link together the transactions?
Do use our search tool on this page to check that the lawyers are approved by both mortgage companies. Assuming that they are your lawyer will be able to tie up the two transactions but you should have a chat with you solicitor and make clear your expectations and needs.