I am nearing exchange of contracts for my home in Woodstock and the estate agent has just e-mailed to advise that the buyers are appointing a new conveyancer. The reason given is that the lender will only work with solicitors on their approved list. On what basis would a leading lender only deal with certain law firms rather the firm that they want to choose to handle their conveyancing in Woodstock ?
Banks have always had an approved set of law firms that can act for them, but in the last few years big names such as Santander, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for many years.
Mortgage companies point to the increase in fraud by way of justification for the cull – criteria have been narrowed as a smaller panel is easier to monitor. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that 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 not going to have any sway in the decision.
My wife and I buying a terrace house in Woodstock. The intention is to convert the garage to an office at the property.Will legal conveyancing on the property include investigations to determine if these alterations are prohibited?
Your solicitor should check the deeds as conveyancing in Woodstock will sometimes identify restrictions in the title documents which prohibit certain works or require the consent of another owner. Many extensions need local authority planning permissions and approval under the building regulations. Many areas are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. You should check these things with a surveyor ahead of any purchase.
I can not fathom if my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Woodstock bank branch on numerous occasions and was told they are content with the situation and they would lend. My Woodstock conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned to say that they refuse to lend in accordance with their published requirements. Who do I believe?
Provided that the conveyancing practitioner is on the mortgage company panel, she or he must follow the CML Handbook requirements for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I've read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Woodstock solicitor - who is on the TSB conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
TSB will need an independent valuation of the property. Your lawyer will not arrange this. Usually TSB will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your solicitor will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Woodstock postcode. As you are getting a mortgage with TSB, you could contact them to see if they have a list of approved surveyors in Woodstock.
Me and my brother have a 4 bedroom Edwardian property in Woodstock. Conveyancing lawyer represented me and Britannia. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, another for leasehold with the exact same address. Is it worth asking Britannia to clarify?
You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Woodstock and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with lenders. You can also check the position with your conveyancing lawyer who conducted the work.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in two weeks back in what was supposed to be a simple, no chain conveyancing. Woodstock is the location of the property. Is there any advice you can impart?
Flying freeholds in Woodstock are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Woodstock you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Woodstock 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 residence.
What is the reason for my property lawyer requiring numerous items of ID ahead of starting my conveyancing in Woodstock?
Woodstock solicitors are duty bound by the Law Society, SRA, HM Land Registry and current Money Laundering Regulations to record that the have checked the identity of their clients. It will also be a requirement of your mortgage offer. Furthermore they have to complete various forms, particularly those relating to Land Tax and need to have details such as your full names, national insurance number and DOB.