Am I correct in assuming that the fact that my solicitor in Audlem is not listed on my lender's conveyancing panel that there is a problem with the standard of his conveyancing?
That is more than likely a wrong assumption to make. There are plenty of 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 top 5 reasons are as follows: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should contact the Audlem conveyancing practice and ask them why they are no longer on the approved list for your lender.
My solicitor has uncovered a a legal deficiency with the lease for the flat we are purchasing in Audlem. The seller’s lawyers have suggested defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our has advised that he must be satisfied that the mortgage company is willing to move forward with this solution. Who is the client here, us or the bank?
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 must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender 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 will have no choice but to discontinue acting for you.
It is a dozen years since I acquired my home in Audlem. Conveyancing solicitors have now been instructed on the sale but I can't find the deeds. Will this cause complications?
You need not be too concerned. First the deeds may be with your mortgage company or they could be in the possession of the conveyancers who oversaw your purchase. Secondly the chances are that the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining current official copies of the land registers. Almost all conveyancing in Audlem relates to registered property but in the rare situation where your home is unregistered it adds to the complexity but is resolvable.
Am I better off to choose a Audlem conveyancing practitioner based in the location that I am purchasing? I have an old university friend who can deal with the conveyancing but they are based 200kilometers away.
The benefit of a local Audlem conveyancing practice is that you can drop in to execute documents, deliver your ID and apply pressure on them where appropriate. They will also have local knowledge which is a benefit. However it's more important to get someone that will pull out all the stops for you. If other friends have used your friend and the majority were happy that must outweigh using an unknown Audlem conveyancing solicitor just because they are based in the area.
Audlem Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing
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How much is the annual service fee and ground rent?
This information is helpful as a) areas could cause problems for the block as the communal areas may start to deteriorate if repairs are not paid for b) if the tenants have an issue with the managing agents you will want to have complete disclosure
Are there any major works in the near future that could increase the maintenance fees?