Me and my partner are purchasing a 1 bedroom apartment in Cann Hall with a mortgage. We like our Cann Hall conveyancer, but the mortgage company says he's not on their "panel". It seems we have no option but to appoint one of the mortgage company panel conveyancing practices or keep our Cann Hall solicitor and pay for one of their panel lawyers to represent them. We feel that this is unjust; is there anything we can do?
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. Another option that might be available is for your Cann Hall conveyancing solicitor to apply to be on the conveyancing panel.
When it comes to lenders such as RBS, do Cann Hall solicitors incur a yearly amount to be on the conveyancing panel?
We are not aware of any lender fees to register on their panel, although some do levy an administration fee to deal with the processing of the conveyancing panel submission.
My wife and I are spending time viewing houses in Cann Hall and I am now considering a potential offer. Should I already have a conveyancer in place at this stage? I am planning to take a home loan with Virgin Money.
You should start obtaining conveyancing quotes from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their contact information on to the EA. Given that you are obtaining a mortgage with Virgin Money, ask your prospective lawyers if they are on the Virgin Money conveyancing panel otherwise they can't do the mortgage legal work.
Co-operative have agreed my mortgage in principle, my bid on a apartment in Cann Hall has been accepted, what happens next?
The property agent will want to know who your solicitors are (make sure the lawyers are on the lender’s approved list). Call up Co-operative or the financial adviser and finalise any relevant documentation. Co-operative will instruct a valuer who will get in touch with the selling agent or seller to schedule an appointment. Once carried out (assuming no problems) it takes approximately a week to get a mortgage offer. Co-operative will issue the offer to you and your conveyancers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Cann Hall.
We are selling our home in Cann Hall and according to the buyers it appears that there is a risk of it being built on contaminated land. A local lawyer would know that there is no such problem. For the life of me I don't know why the purchasers are using an online conveyancing practice rather than a conveyancing solicitor in Cann Hall. Having lived in Cann Hall for many years we know of no issue. Should we get in touch with our local Authority to seek clarification that there is no issue.
It would appear that you have a conveyancing lawyer already. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
My wife and I have a renovated Victorian property in Cann Hall. Conveyancing solicitor acted for me and Chelsea Building Society. I did a free Land Registry search last week and I saw two entries: the first freehold, the second leasehold with the exact same property. Is it worth asking Chelsea Building Society to clarify?
You need to assess 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Cann Hall and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with the conveyancing lawyer who completed the work.
I am on look out for some leasehold conveyancing in Cann Hall. Before I set the wheels in motion I require certainty as to the remaining lease term.
Assuming the lease is recorded at the land registry - and most are in Cann Hall - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I have attempted and failed to negotiate with my landlord to extend my lease without getting anywhere. Can the Leasehold Valuation Tribunal decide on such matters? Can you recommend a Cann Hall conveyancing firm to help?
in cases where there is a missing landlord or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to decide the premium.
An example of a Freehold Enfranchisement case for a Cann Hall flat is 36 New Wanstead in August 2010. The Tribunal arrived at a valuation of the premium for the freehold of £22,359. This case affected 2 flats. The unexpired residue of the current lease was 73.92 years.