I am nearing exchange of contracts for my house in Oxford and the EA has just e-mailed to say that the buyers are switching law firm. The excuse is that the mortgage company will only deal with solicitors on their conveyancing panel. On what basis would a major mortgage company only work with specific lawyers rather the firm that they want to appoint to handle their conveyancing in Oxford ?
Lenders have always had an approved set of law firms they are content to work with, but in the last few years big names such as Nationwide, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for many years.
Lending institutions blame a rise in fraud by way of justification for the cull – criteria have been narrowed as a smaller panel is easier to monitor. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are not going to have any impact on this.
In what way does my ID and proof of funds have anything to do with my conveyancing in Oxford? What am I being asked for?
Oxford conveyancing solicitors and indeed property lawyers accross the UK have an obligation under Anti-terror and anti-money-laundering rules to verify the ID of any client in order to ensure that clients are who they say they are.
Conveyancing clients will need to provide two forms of certified ID; proof of ID (typically a Passport or Driving Licence) and proof of address (usually a Utility Bill less than 3 months old).
Proof of source of monies is also required under the money laundering regulations as conveyancers are required to ensure that the monies you are utilising to acquire a property (be it the exchange deposit or the full purchase monies where you are buying mortgage free) has come from legitimate source (such as an inheritance) as opposed to the fruits of criminal behaviour.
We're in Oxford, First timers purchasing with a mortgage (lender is , and our solicitor is on the conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I have recentlybecome aware that Stirling Law have been shut down. They carried out my conveyancing in Oxford for a purchase of a freehold house 10 months ago. How can I check that my home is in my name in the name of the former proprietor?
The easiest method to check if the property is registered to you, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Oxford conveyancing specialists.
I've recently found out that there is a flying freehold issue on a property I have offered on last month in what should have been a straight forward, no chain conveyancing. Oxford is where the house is located. Can you shed any light on this issue?
Flying freeholds in Oxford are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Oxford you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Oxford may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.