Me and my fiance are buying a 3 bedroom flat in Seaton Delaval with a mortgage. We would like to retain our Seaton Delaval lawyer, but the lender advise she’s not on their "panel". It seems we have little option but to instruct one of the lender panel conveyancing practices or retain our Seaton Delaval conveyancing practitioner as well as pay for one of their panel ones to act for them. This seems very unfair; are we not able to demand that the bank use our Seaton Delaval conveyancer ?

No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’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. A further alternative is for your Seaton Delaval conveyancing lawyer to apply to be on the conveyancing panel.

Our conveyancer has discovered a a legal deficiency with the lease for the property we are buying in Seaton Delaval. The seller’s lawyers have offered defective title insurance as a solution. We are content with insurance and will pay for it. Our lawyer says that he must ensure that the lender is content with this solution. Who is the client here, us or the bank?

Notwithstanding that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their provisions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook requirements. You and the mortgage company are the client. The appropriate lender provisions have to be complied with.

My grandmother passed away last year and as sole heir and executor I was left the house in Seaton Delaval. The house had a relatively small loan remaining of approximately £8000. I want to have the title changed into my name whilst I re-mortgage to Nottingham, pay off the mortgage. Is this possible?

If you intend to refinance then Nottingham will require that you use a conveyancer on the Nottingham conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Nottingham conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Nottingham mortgage is registered as a charge at the Land Registry.

How difficult is it to switch conveyancer as I have to choose a firm on the TSB conveyancing panel. I instructed a high street conveyancing solicitor in Seaton Delaval five minutes from me but the firm is not approved by TSB

It would be our pleasure to assist you select a conveyancing solicitor in Seaton Delaval on the TSB panel. Please note that the conveyancers that we work with do not pay us fee if you instruct them and are authorised and regulated by the SRA who oversee all conveyancing solicitors in Seaton Delaval. In utilising search facility on this site, you can compare and instruct different solicitors and conveyancers both nationally and in Seaton Delaval.

Last April I purchased a leasehold house in Seaton Delaval. Do I have any liability for service charges relating to a period prior to completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Leasehold Conveyancing in Seaton Delaval - Examples of Questions you should ask Prior to Purchasing

How much is the ground rent and service charge? How many of the leaseholders are in arrears for their maintenance charge payments? Please note if it is fewer than eighty years it will impact the marketability of the flat. Check with your lender that they are content with residual term of the lease. A short lease means that you will most likely have to extend the lease sooner rather than later and it is worth discovering how much this will be. For most Seaton Delavallease extensions you would need to own the premises for 24 months before you are entitled to extend the lease.