When it comes to mortgage companies such as Leeds Building Society, do Melbourne conveyancing practitioners face an annual charge to be on the list of approved solicitors?
We are not aware of any bank fees to be on their list of approved firms, although some do charge an administration fee to deal with the processing of the conveyancing panel application.
It is not clear whether my lender requires a lease extension. I have called my Melbourne bank branch on various occasions and was reassured it wasn't an issue and they will lend. My Melbourne conveyancing solicitor - who is on the lender conveyancing panel- called to say that they refuse to lend based on their published requirements. Who do I believe?
The solicitor must comply with the CML Handbook section two specifications for your lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I have instructed a Melbourne conveyancer having made sure that they are on the Santander conveyancing panel. Does my lawyer arrange the survey of the property?
Santander will need an independent valuation of the property. Your lawyer will not arrange this. Usually Santander 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 property lawyer 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 Melbourne postcode. As you are getting a mortgage with Santander, you could contact them to see if they have a list of approved surveyors in Melbourne.
I have been told that property searches are the primary cause of delay in Melbourne house deals. Is this right?
The Council of Property Search Organisations (CoPSO) published determinations of a review by MoveWithUs that conveyancing searches do not feature within the top 10 causes of delays in the conveyancing process. Local searches are unlikely to be the root cause of slowing down conveyancing in Melbourne.
My wife and I own a terraced Victorian property in Melbourne. Conveyancing solicitor represented me and Skipton Building Society. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, another for leasehold with the matching address. Is it worth asking Skipton Building Society to clarify?
You need to assess 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Melbourne 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 lenders. You can also question the situation with the conveyancing practitioner who carried out the work.
Due to the input of my in-laws I had a survey completed on a house in Melbourne ahead of appointing conveyancers. I have been advised that there is a flying freehold element to the property. Our surveyor has said that some lenders will not issue a loan on such a premises.
It varies from the lender to lender. Santander has different requirements for example to Halifax. Should you wish to call us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Melbourne. Conveyancing will be smoother if you use a solicitor in Melbourne especially if they are acquainted with such properties in Melbourne.
Am I best advised to go with a Melbourne conveyancing solicitor in close proximity to the house I am hoping to buy? I have an old university friend who can conduct the legal work however her office is approximately 350miles drive away.
The benefit of a high street Melbourne conveyancing practice is that you can visit the firm to sign paperwork, deliver your ID and apply pressure on them where appropriate. Having local Melbourne know how is a plus. That being said nothing is more important than finding someone that will do a good and efficient job. If if people you trust used your friend and in the main were happy that must surpass using an unknown Melbourne conveyancing solicitor solely due to them being round the corner.