My wife and I are buying a 2 bedroom apartment in Shaftesbury with a mortgage. We have a Shaftesbury conveyancer, but the bank says she’s not on their "panel". It appears that we have no choice but to appoint one of the mortgage company panel solicitors or continue with our Shaftesbury as well as pay for one of their panel lawyers to act for them. This seems very unfair; can we not demand that the mortgage company use our Shaftesbury ?
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 Shaftesbury conveyancing lawyer to apply to be on the conveyancing panel.
It is a dozen years since I purchased my house in Shaftesbury. Conveyancing solicitors have just been retained on the sale but I am unable to locate the title deeds. Is this a major issue?
Don’t worry too much. First there is a possibility that the deeds will be kept by your mortgage company or they may still be with the solicitor who handled the purchase. Secondly the likelihood is that the land will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring current official copies of the land registers. Almost all conveyancing in Shaftesbury involves registered property but in the unlikely event that your property is unregistered it is more tricky but is not insurmountable.
Is it necessary during the course of the conveyancing process to visit the offices of the solicitor to execute the legal charge? If so, I will choose one who does conveyancing in Shaftesbury so that I can pop in to their offices if required.
Most conveyancing panel lawyers for mortgage companies undertake all of the communications via Royal Mail, internet or over the phone. This enables them to carry out the legal work for your home move regardless of where you live in the country. However you should see if you can still book an appointment to visit conveyancing lawyer if just in case this is required.
I have todaydiscovered that Wolstenholmes have closed. They conducted my conveyancing in Shaftesbury for a purchase of a leasehold apartment 18 months ago. How can I be sure that the property is registered correctly in the name of the previous owner?
The quickest way to check if the premises is registered to you, you can carry out 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 Shaftesbury conveyancing specialists.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on two weeks back in what was supposed to be a quick, no chain conveyancing. Shaftesbury is the location of the property. Can you offer any advice?
Flying freeholds in Shaftesbury are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Shaftesbury you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Shaftesbury may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.