My husband and I are purchasing a 1 bedroom flat in Nantwich with a mortgage. We wish to retain our Nantwich conveyancer, however the bank advise he's not on their "panel". It appears that we have little choice but to appoint one of the lender panel solicitors or retain our Nantwich property lawyer as well as pay for one of their panel ones to represent them. We consider that this is inequitable; can we not demand that the bank use our Nantwich lawyer ?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders 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. A further alternative is for your Nantwich conveyancing solicitor to apply to be on the conveyancing panel.
My husband and I are purchasing a brand new flat in Nantwich and my solicitor is telling me that she is duty bound to the bank to reveal incentives from the developer. The Estate Agents are hassling me to exchange and I don't want to delay matters. Is my lawyer right?
You should not exchange unless you have been advised to do so by your conveyancing practitioner. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I have been on the look out for a ground for flat up to £245,000 and identified one close by in Nantwich I like with open areas and transport links nearby, the downside is that it's only got 61 remaining years left on the lease. There is not much else in Nantwich suitable, so just wondered if I would be making a grave error buying a lease with such few years left?
If you require a mortgage that many years will likely be a potential deal breaker. Discount the offer by the amount the 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 may ask them to commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the current lease with a zero ground rent applied. You should speak to your conveyancing solicitor about this.
Estate agents have just been given the go-ahead to market my basement flat in Nantwich. Conveyancing has not commenced, however I have recently received a quarterly service charge invoice – what should I do?
Your conveyancing lawyer is likely to suggest that you should discharge the service charge as normal as all rents and service invoices should be apportioned on completion, so you will be reimbursed by the purchaser for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
I purchased a split level flat in Nantwich, conveyancing formalities finalised in 1998. Can you work out an approximate cost of a lease extension? Similar flats in Nantwich with an extended lease are worth £211,000. The average or mid-range amount of ground rent is £45 invoiced annually. The lease finishes on 21st October 2092
With just 67 years remaining on your lease the likely cost is going to range between £10,500 and £12,000 plus professional fees.
The figure that we have given is a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure without more detailed due diligence. You should not use the figures in tribunal or court proceedings. There may be other concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before getting professional advice.
Is it necessary during the course of the conveyancing process to attend the offices of the bank conveyancing panel solicitor to sign the mortgage deed? If so, I will appoint a lawyer who conducts conveyancing in Nantwich as it will be easier to attend their offices if necessary.
Whereas this was necessary 15 years ago, most lenders no longer require their conveyancing panel solicitor to witness the borrowers signature. You will still be obliged to provide ID Documents and there are still distinct advantages to using a local solicitor, in your case a conveyancing solicitor in Nantwich.