I am progressing with the sale of my home in Battle and the EA has just e-mailed to advise that the buyers are switching law firm. I am told that this is due to the fact that the bank will only deal with property lawyers on their conveyancing panel. Why would a major mortgage company only work with specific solicitors rather the firm that they want to choose for their conveyancing in Battle ?
Banks have always had an approved set of law firms they are willing to work with, but in recent years big names such as Santander, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for more than 15 years.
Lending institutions blame a rise in fraud as the reason for the pruning – criteria have been tightened as a smaller panel is easier to maintain. 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. Plenty of firms 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. The purchasers are not going to have any sway in the decision.
We're in Battle, First timers purchasing with a mortgage (lender is , and our lawyer is on the conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
Forgive me if this question is silly but I am wet behind the ears as a 1st time purchaser of a two bedroom flat in Battle. Do I pick up the keys to the property on completion from my conveyancer? If this is the case, I will instruct a local conveyancing solicitor in Battle?
On the day of completion you will not be required to go to the conveyancers office in Battle. Conveyancing lawyers for you will electronically transfer the purchase money to the vendor’s lawyers, and once they have received this, you will be invited to pick up the keys from the Estate Agents and start moving into the property. This tends to happen early afternoon.
Is it correct that all Battle CQS (Conveyancing Quality Scheme) solicitors are on the conveyancing list of approved firms?
A selection of lenders now use the accreditation scheme as the starting point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however is no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of conveyancing solicitors.
I have paid off my mortgage with . I assume I don't need a Battle on the panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the mortgage from the register. , and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where has sent the Land Registry the discharge electronically, and
- has instructed the Land Registry to do so
I used Stirling Law several years ago for my conveyancing in Battle. Now, I need the files however the law firm has closed. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Battle of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
How does conveyancing in Battle differ for new build properties?
Most buyers of new build property in Battle come to us having been asked by the developer to sign contracts and commit to the purchase even before the property is ready to move into. This is because house builders in Battle usually acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Battle or who has acted in the same development.