Due to complete my purchase in Mitcheldean next Tuesday. I have now been asked to send a copy of my building insurance schedule by my solicitor as as she informs me that she is duty bound to validate that it is in order for the bank. What risks does the bank expect the insurance to cover?
Any lawyer on acting for banks would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s UK Finance Lenders’ Handbook conditions. These obligations are not unique to conveyancing in Mitcheldean.
What does my ID and proof of funds have anything to do with my conveyancing in Mitcheldean? Is this really warranted?
You are right in these requests have nothing to do with conveyancing in Mitcheldean. Nowadays you can not complete any conveyancing transaction in the absence handing over evidence of your identity. This usually takes the form of a either your passport or driving licence and a bank statement. Please note that if you are providing your driving licence as evidence of ID it needs to be both the paper part as well as the photo card part, one is not sufficient in the absence of the other.
Verification of the source of monies is required under Money Laundering Regulations. You should not be offended when you are asked to produce this as your conveyancer must have this information on file. Your Mitcheldean conveyancing lawyer will require evidence of proof of funds before they are able to accept any monies from you into their client account and they will also ask additional queries concerning the origin of monies.
I am the sole recipient of my late father’s estate and I have everything in my name now, including the my former home in Mitcheldean. The Mitcheldean property was put into my name in June. I want to move. I do know about the CML six month 'rule', which means that my proprietorship will be treated the same way as though I had purchased the property in June. Do I have to wait half a year to sell?
The CML handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be affected by that. How sensible a view banks take of it, depend on the mortgage company as this clause is primarily there to identify the purchase and immediately sell or the quick reselling of properties.
We are getting the release of further monies on our mortgage from Leeds Building Society as we wish to conduct alterations to our home in Mitcheldean. Are we obliged to appoint a nearby Mitcheldean solicitor on the Leeds Building Society conveyancing panel to handle the paperwork?
Leeds Building Society don't usually appoint a member of their approved list of lawyers to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Leeds Building Society list.
I recently had an offer agreed on a house in Mitcheldean. My financial adviser pressured me to appoint their property lawyer. I paid an on account payment of £200. Shortly after, the lawyer called me embarrassingly acknowledging that they were not on the RBS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the RBS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I decided to have a survey done on a property in Mitcheldean before appointing conveyancers. I have been advised that there is a flying freehold overhang to the house. My surveyor advised that some lenders may refuse to grant a mortgage on a flying freehold property.
It depends who your proposed lender is. Santander has different instructions for example to Birmingham Midshires. If you call us we can check 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 Mitcheldean. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Mitcheldean to see if the conveyancing costs will increase in light of this.
Our lawyer in Mitcheldean has uncovered a defect with the lease for the property we are buying in Mitcheldean. The seller’s lawyers have put forward defective title insurance as a workaround. We are content with insurance and will pay for it. Our lawyer has advised that as he is on the bank conveyancing panel he must be satisfied that the lender is happy with this solution. Who is the client here, us or the mortgage company?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. A precondition to being on the mortgage company approved panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects will the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.