It is 10 years ago since I bought my house in Hastings. Conveyancing lawyers have recently been instructed on the sale but I can't track down the title documents. Will this jeopardise the sale?
Don’t worry too much. First there is a possibility that the deeds will be with the lender or they may be in the possession of the conveyancers who handled the purchase. Secondly in most cases the property will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors obtaining up to date copy of the land registers. Almost all conveyancing in Hastings relates to registered property but in the rare situation where your property is unregistered it is more tricky but is not insurmountable.
We wanted to use a property lawyer in Hastings for our home move. Our broker informed us that our mortgage company won't deal with them. Why is this not regarded as unfair competition?
Before the recession most mortgage companies had a different appetite for risk. Almost all Hastings conveyancing firms would have been on many bank panels. The Financial Services Authority in 2010 conducted a thematic review into mortgage fraud which concluded: know the conveyancing solicitors dealt with. Consequently, mortgage companies have regularly sought more information from law firms concerning their operations and the individuals who work for them and set certain criteria such a completing on a minimum amount of transactions. Many Hastings conveyancing firms that have been excluded from lender panels have a 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Hastings is amongst the hundreds of locations where the conveyancers showing on our search results are are approved .
Is it the case that all Hastings CQS (Conveyancing Quality Scheme) solicitors are on the conveyancing list of approved practices?
Some major banks and building societies now use the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. CQS membership however gives no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for firms wishing to remain on their approved list of conveyancing solicitors.
Can you point me to a directory of panel conveyancers in Hastings on the Council of Mortgage Lender’s Website?
Unfortunately not yet. There is no such facility on the Council of Mortgage Lenders or Building Society Association websites. Very few mortgage companies make their panel listings viewable over the internet. Where you are seeking to appoint a Hastings on the please use our tool.
After shopping around on the internet I have found a Hastings having made sure that they are on the conveyancing panel. Does my lawyer arrange the survey of the property?
will need an independent valuation of the property. Your lawyer will not arrange this. Usually 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 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 Hastings postcode. As you are getting a mortgage with , you could contact them to see if they have a list of approved surveyors in Hastings.
I decided to have a survey done on a property in Hastings ahead of instructing solicitors. I have been told that there is a flying freehold element to the house. Our surveyor advised that some mortgage companies will not grant a mortgage on such a house.
It depends who your proposed lender is. Lloyds has different requirements for example to Halifax. If you call us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Hastings. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Hastings to see if the conveyancing will be more expensive.
In what way does the Landlord & Tenant Act 1954 impact my commercial premises in Hastings and how can your lawyers assist?
The 1954 Act gives protection to business leaseholders, granting the right to apply to court for a renewal lease and remain in occupation when the lease comes to an end. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Hastings is one of the numerous areas of the UK in which our lawyers are based