Me and my partner are buying a 2 bedroom apartment in Worcestershire with a mortgage. We have a Worcestershire lawyer, but the mortgage company advise she’s not on their "panel". We have to appoint one of the lender panel solicitors or retain our Worcestershire conveyancer as well as pay for one of their panel lawyers to act for them. This feels very unfair; are we not able to demand that the bank use our Worcestershire lawyer ?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’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. A further alternative is for your Worcestershire conveyancing solicitor to apply to be on the conveyancing panel.
Some advice if I may. My Worcestershire solicitor is assuring me that he is legally obliged toorder Worcestershire conveyancing searches asthe firm are on the Lloydsapproved lawyer panel. These Worcestershire checks cost a lot of money can this be avoided?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a lender your property lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to follow the Council of Mortgage Lenders’ Handbook requirements . Even if you were a cash buyer you would be ill advised not to carry out Worcestershire conveyancing searches.
Will lawyers request money up-front for my conveyancing in Worcestershire?
Where you are retaining lawyers for conveyancing in Worcestershire your solicitor will ask you place them with monies to cover the search fees. Generally this is needed to cover the fees of the conveyancing searches. When the deposit is as part of the sale price then this will be required immediately before contracts are exchanged. The final balance that is needed will be payable shortly before completion.
I acquired my flat on 5 September and my personal details are still not on the land registry website. Should I be concerned? My conveyancing solicitor in Worcestershire said it will be registered in less than a month. Are properties in Worcestershire particularly slow to register?
There is nothing unique when it comes to conveyancing in Worcestershire registration formalities. Rather than based on location, timescales can differ depending on who lodges the application, whether there are errors and if the Land registry have to notify any interested parties. Currently roughly 80% of submission are completed within two weeks but some can be subject to longer hold-ups. Historically registration takes place after the buyer is living at the property so registration formalities is not typically primary concern but where it is urgent that the the registration takes place urgently then you or your solicitor could contact the land registry and explain the circumstances.
In relation to leasehold conveyancing in Worcestershire what are the most frequent lease problems?
There is nothing unique about leasehold conveyancing in Worcestershire. Most leases are drafted differently and drafting errors can sometimes mean that certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:
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A duty to insure the building Service charge per centages that don't add up correctly leaving a shortfall
You could encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Accord Mortgages Ltd, Norwich and Peterborough Building Society, and Platform Home Loans Ltd all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, forcing the buyer to pull out.
I inherited a split level flat in Worcestershire, conveyancing was carried out in 2007. Can you please calculate a probable premium for a statutory lease extension? Corresponding properties in Worcestershire with an extended lease are worth £185,000. The ground rent is £65 invoiced every year. The lease runs out on 21st October 2086
With just 61 years remaining on your lease we estimate the price of your lease extension to be between £18,100 and £20,800 as well as legals.
The figure above a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more detailed investigations. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not move forward based on this information without first seeking the advice of a professional.