I am progressing with the sale of my house in Ingatestone and the EA has just e-mailed to say that the purchasers are appointing a new law firm. The reason given is that the mortgage company will only engage with property lawyers on their approved list. On what basis would a major lender only engage with specific solicitors rather the firm that they want to choose for their conveyancing in Ingatestone ?
Banks have always had an approved set of law firms they are content to work with, but in the last few years big names such as Lloyds Banking Group, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for more than 15 years.
Mortgage companies attribute this action to a rise in fraud by way of justification for the reduction – criteria have been narrowed as a smaller panel is easier to monitor. 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 are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are not going to have any impact on this.
My wife and I purchased a semi-detached Victorian house in Ingatestone. Conveyancing solicitor acted for me and Bank of Scotland. I did a free Land Registry search last week and I saw a couple of entries: one for freehold, another for leasehold with the exact same address. If a house is not a freehold shouldn't I have been informed?
You need to review the Freehold register you have again and check the Charges Register as there may be 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 Ingatestone and other areas of 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 situation with your conveyancing lawyer who conducted the purchase.
I opted to have a survey done on a house in Ingatestone ahead of instructing conveyancers. I have been advised that there is a flying freehold element to the property. The surveyor has said that some mortgage companies tend refuse to issue a loan on this type of house.
It depends who your proposed lender is. HSBC has different instructions for example to Nationwide. If you e-mail us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Ingatestone. Conveyancing will be smoother if you use a solicitor in Ingatestone especially if they are accustomed to such properties in Ingatestone.
Do I need to be concerned that 3rd parties that I am dealing with are suggesting an online conveyancing firm as opposed to a local Ingatestone conveyancing company?
As with lots of professional services, often suggestions from family and friends can be worth their weight in gold. But there are numerous people with a keen interest in a conveyancing deal; estate agents, mortgage brokers and mortgage companies may suggest lawyers to use. On occasion these solicitors might be known to one of the organisations as experts in their field, but sometimes there may be a commercial relationship behind the endorsement. You have the right to choose your own lawyer. You need to be aware that most lenders have an approved list of law firms you must use for the lender aspect of your house move.
In my capacity as executor for the estate of my aunt I am selling a residence in Newport but I am based in Ingatestone. My conveyancer (who is 200 miles awayhas requested that I sign a statutory declaration prior to completion. Could you suggest a conveyancing lawyer in Ingatestone to attest this legal document for me?
strictly speaking you should not be required to have the documents witnessed by a conveyancing solicitor. Normally any notary public or qualified solicitor will be fine regardless of whether they are Ingatestone based