My husband and I are acquiring a leasehold flat in Stokenchurch. My property lawyer has never been on on the bank approved list. Is it possible for me to use my Stokenchurch conveyancing solicitor even though they are excluded from the mortgage company approved list?
You have numerous choices open to you here
- Carry on with your preferred Stokenchurch lawyer but your mortgage company will need to use a property lawyer on their approved panel. The net result is additional fees together with potential interruption.
- Appoint a new conveyancer to conduct the conveyancing, ensuring that they are on the bank conveyancing panel.
- Appeal to your conveyancer to seek to join the lender panel
My conveyancer has discovered a a problem with the lease for the apartment we are purchasing in Stokenchurch. The other side have put forward defective title insurance as a solution. We are happy with insurance and will cover the costs. Our lawyer has advised that he must check that the bank is happy with this solution. Who is the client here, us or the bank?
Notwithstanding that you have a mortgage offer from the bank 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 conditions. You and the lender are the client. The appropriate lender provisions must be adhered to.
It is a dozen years since I acquired my home in Stokenchurch. Conveyancing solicitors have just been instructed on the sale but I am unable to find the title deeds. Will this jeopardise the sale?
You need not be too concerned. Firstly the deeds may be with the mortgage company or they could stored with the conveyancers who handled your purchase. Secondly in most cases the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors procuring up to date copy of the land registers. Nearly all conveyancing in Stokenchurch relates to registered property but in the unlikely event that your home is not registered it is more problematic but is resolvable.
I've recently found out that there is a flying freehold element on a property I have offered on two weeks back in what was supposed to be a quick, chain free conveyancing. Stokenchurch is where the house is located. What do you suggest?
Flying freeholds in Stokenchurch are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Stokenchurch you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Stokenchurch may determine 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 premises.
I was advised by numerous estate agents in Stokenchurch to find a solicitor on your site. What’s the financial inducement for Estate Agents to market your site over and above alternative conveyancing organisations?
We refuse to offer any commission for pointing buyers and sellers to this site. We found it would be just too difficult to pay a commission as members of the public would think, ‘How come the agent getting a kickback? Why am I not receiving any benefit too?’ So we decided to step away from that.