Is the fact that my conveyancer in Withernsea is not identified on my lender's solicitor panel that there is a problem with the quality of her work?
That is more than likely an incorrect assumption to make. There are all sorts of perfectly plausible explanations. A recent report by the solicitors regulator revealed 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Withernsea conveyancing firm and enquire why they are no longer on the approved list for your mortgage company.
Our lawyer has uncovered a defect with the lease for the apartment we are buying in Withernsea. The other side have suggested defective title insurance as a workaround. We are happy with insurance and will pay for it. Our property lawyer has advised that he must check that the lender is content with this solution. Are we the client or is the mortgage company ?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancing practitioner will have no choice but to discontinue acting for you.
A colleague suggested that if I am buying in Withernsea I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is sometimes quoted for as part of the standard Withernsea conveyancing searches. It is not a small report of more than thirty pages, listing and setting out important information about Withernsea around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Local Education with maps and statistics, Local Amenities and other useful data about Withernsea.
Due to the input of my in-laws I had a survey completed on a house in Withernsea prior to instructing solicitors. I have been informed that there is a flying freehold aspect to the property. My surveyor has said that some banks may not grant a loan on a flying freehold home.
It depends who your proposed lender is. HSBC has different instructions for example to Nationwide. Should you wish to call us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Withernsea. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Withernsea to see if the conveyancing costs will increase in light of this.
I need to find a conveyancing solicitor for leasehold conveyancing in Withernsea. I've chance upon a site which looks to be the ideal solution If it is possible to get all formalities completed via web that would be ideal. Do I need to be concerned? What should out be looking out for?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?