I am in the process of selling my home in Whiston and the EA has just called to warn that the purchasers are changing their law firm. I am told that this is due to the fact that the lender will only work with solicitors on their conveyancing panel. On what basis would a big named mortgage company only work with certain solicitors rather the firm that they want to choose to handle their conveyancing in Whiston ?
Lenders have always had panels of law firms that can represent them, but in recent years big names such as Santander, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for many years.
Lenders point to the increase in fraud by way of justification for the reduction – criteria have been stiffened as a smaller panel is easier to oversee. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are unlikely to have any impact on this.
I am the registered owner of a freehold property in Whiston but still charged rent, why is this and what is this?
It is rare for properties in Whiston and has limited impact for conveyancing in Whiston but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the creation of fresh rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be extinguished.
It has been five months since my purchase conveyancing in Whiston completed. I have checked the Land Registry site which shows that I paid £200,000 when infact I paid £215,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the asset from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on last month in what should have been a straight forward, chain free conveyancing. Whiston is the location of the property. Can you offer any advice?
Flying freeholds in Whiston are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Whiston 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 Whiston 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.
My brother-in-law has suggested I instruct a conveyancing solicitor in Whiston. I I would like to check if they are on the bank's approved list of lawyers. Could you assist?
One option is to phone the solicitor to check if they are on the bank's approved list. Alternatively please call us and we can investigate and revert. If they are not on the bank panel we can certainly arrange a quality conveyancing solicitor in Whiston on the approved list for your mortgage company.