We wish to acquire a newly converted flat in Liss with a mortgage from Halifax.We use our Liss conveyancing practitioner but Halifax advised that his firm is not on their approved list of member firms. It seems we are left with little choice but to instruct a Halifax panel firm or retain our high street solicitor and pay for one of their panel ones to represent them. This seems very unfair; Can we not simply insist that Halifax use our lawyer?
Unfortunately,no. The home loan issued to you is subject to its various provisions, a common one being that solicitors must be on the Halifax approved list. Until recently, most banks 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 lawyer to apply to be on the conveyancing panel for Halifax
I require fast conveyancing in Liss as I am under an ultimatum to sign on the dotted line inside one month. A home loan is not required. Can I decline from having conveyancing searches to save fees and time?
As you are not getting a mortgage you are at liberty not to have searches conducted although no conveyancer would suggest that you don't. With plenty of history conveyancing in Liss the following are instances of what can be revealed and therefore affect the marketability of the property: Refused Planning Applications, Outstanding Fees, Outstanding Grants, Railway Schemes,...
My wife and I purchased a terraced Edwardian house in Liss. Conveyancing practitioner acted for me and Yorkshire Building Society. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: one for freehold, another for leasehold under the exact same property. I thought I was buying a freehold how can I check?
You need to review 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 Liss and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the situation with the conveyancing lawyer who conducted the purchase.
I am looking at a two apartments in Liss which have about fifty years unexpired on the leases. should I be concerned?
A lease is a legal document that entitles you to use the premises for a period of time. As the lease gets shorter the saleability of the lease decreases and it becomes more costly to acquire a lease extension. For this reason it is advisable to extend the lease term. Sometimes it is difficult to sell a property with a short lease because mortgage companies may be unwilling to lend money on such properties. Lease extension can be a difficult process. We recommend you get professional assistance from a solicitor and surveyor with experience in this field.
Liss Leasehold Conveyancing - A selection of Queries Prior to Purchasing
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How long is the Lease? Best to be warned if window replacement or some other significant cost is pending to be shared amongst the tenants and may well dramatically increase the the service costs or require a one time invoice.
My solicitors in Liss have advised me that they can not locate my conveyancing file. To assist with my purchase I took out a mortgage with the bank. Is it case that being on the lender conveyancing panel they need to have retained the file for a prescribed period?
It very much depends from lender to lender but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the bank Conveyancing Panel Terms. It might be worth you contacting the lender directly.