Is the fact that my solicitor in Kendal is not on my lender's solicitor panel that there is a problem with the quality of his conveyancing?
That would more than likely be an incorrect assumption to make. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) lack of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should contact the Kendal conveyancing practice and ask them why they are no longer on the approved list for your lender.
My aunt passed away six months ago and as sole heir and executor I was left the house in Kendal. The house had a relatively small loan left on it of around £4500. I want to have the title changed into my name whilst I re-mortgage to Santander, pay off the mortgage. Is this allowed?
Where you plan to refinance then Santander will insist on your using a conveyancer on the Santander conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Santander conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Santander mortgage is registered as a charge at the Land Registry.
I am looking for a leasehold apartment up to £235,500 and identified one close by in Kendal I like with open areas and railway links in the vicinity, the downside is that it's only got 61 years unexpired on the lease. There is not much else in Kendal suitable, so just wondered if I would be making a grave error acquiring a short lease?
If you require a mortgage the remaining unexpired lease term will be an issue. Discount the offer by the expected lease extension will cost if not already taken into account. If the existing proprietor has owned the property for a minimum of 2 years you could request that they commence the lease extension formalities and then assign it to you. You can add 90 years to the current lease and have £0 ground rent by law. You should speak to your conveyancing solicitor about this.
I have been sourcing a conveyancing solicitor in Kendal for my remortgage. Is there any facility to see a solicitor's record with the profession’s regulator?
Members of the public can see published Solicitor Regulator Association (SRA) determinations resulting from investigations from 2008 onwards. Visit Check a solicitor's record. For records about the period before 1 January 2008, or to check a firm's record, telephone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, use +44 (0)121 329 6800. The regulator could monitor telephone calls for training reasons.
My husband and I are hoping to buy a four bedroom flatin Kendal with a home loan from a mortgage company. We wish to instruct our solicitor in Kendal yet our bank says she’s not approved on their "panel". Apparently we need to choose one of the our mortgage company panel solicitors or stay with our Kendal conveyancer and pay for one of their panel ones to represent them. This seems very unfair; Can we not simply insist that our bank use our Kendal lawyer?
No, not really. The lender mortgage issued is subject to conditions, one of which will be that solicitors will on the lender's conveyancing panel. Until recently, most banks had large numbers of law firms on their panels, including almost all conveyancing solicitors in Kendal : 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 solicitors to apply to be on the conveyancing panel for your bank.