Me and my partner are purchasing a 2 bedroom flat in Spilsby with a mortgage. We like our Spilsby conveyancer, but the mortgage company says he's not on their "panel". It seems we have little choice but to select one of the mortgage company panel solicitors or keep our Spilsby conveyancer as well as pay for one of their panel firms to represent them. This seems very unfair; is there anything we can do?
No, not really. Your mortgage offer 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. Another option that might be available is for your Spilsby conveyancing lawyer to apply to be on the conveyancing panel.
I am considering applying for a Barclays mortgage for purchase of a newly converted (under development) in Spilsby with 70% loan to value. Is it compulsory to choose a solicitor on the conveyancing panel for Barclays ?
In theory, you could use a solicitor that is not on the Barclays conveyancing panel, but Barclays would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.
Just had an offer accepted on a new build flat in Spilsby. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Spilsby
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Please supply a car parking plan. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
Due to the advice of my in-laws I had a survey completed on a house in Spilsby prior to retaining conveyancers. I have been advised that there is a flying freehold element to the property. Our surveyor has said that some lenders tend not give a mortgage on such a property.
It depends who your proposed lender is. HSBC has different requirements for example to Nationwide. If you e-mail us we can look into this further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Spilsby. Conveyancing will be smoother if you use a solicitor in Spilsby especially if they are acquainted with such properties in Spilsby.
Am I better off to appoint a Spilsby conveyancing lawyer based in the vicinity that I am purchasing? We have a good friend who can carry out the legal formalities however her office is approximately 350miles drive away.
The primary upside of using a high street Spilsby conveyancing practice is that you can drop in to sign paperwork, present your ID and pester them if necessary. Having local Spilsby know how is a plus. However it's more important to get someone that will pull out all the stops for you. If if people you trust instructed your friend and on the whole were impressed that should trump using an unknown Spilsby conveyancing lawyer just because they are Spilsby based.