My husband and I are purchasing property in West Wickham. My property lawyer has never been on on the mortgage company approved list. Am I still permitted to retain my West Wickham conveyancing solicitor notwithstanding that they are excluded from the mortgage company panel?
Various options include
- Proceed with your existing West Wickham lawyer but your bank will need to use a conveyancing practitioner from their approved list. The net result is additional cost together with likely delay.
- Get a new property lawyer to conduct the conveyancing, making sure they are on the bank conveyancing panel.
- Convince your property lawyer to do everything possible to get accepted on the lender’s conveyancing panel
Our lawyer has identified a defect with the lease for the property we are buying in West Wickham. The seller’s lawyers have offered title insurance as a solution. We are happy with insurance and will cover the costs. Our property lawyer has advised that he must check that the bank is willing to move forward with this solution. Are we the client or is the mortgage company ?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender 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 conveyancer will have no choice but to discontinue acting for you.
It is 10 years ago since I purchased my home in West Wickham. Conveyancing solicitors have just been appointed on the sale but I can't locate the title documents. Is this a major issue?
Don’t worry too much. Firstly the deeds may be retained by the mortgage company or they could be archived with the lawyers who oversaw the purchase. Secondly the chances are that the land will be recorded at the land registry and you will be able to prove you own the property by your conveyancing lawyers procuring up to date copy of the land registers. Almost all conveyancing in West Wickham relates to registered property but in the unlikely event that your property is not registered it is more of a problem but is not insurmountable.
Are the BSA planning on creating a search tool with a view to list law firms on the Darlington Building Society conveyancing panel for example in West Wickham?
We are not aware of any intention on the part of the BSA to develop such a tool.
My stepmother advised me that in purchasing a property in West Wickham there may be a number of restrictions affecting the ability to carry out external alterations to a property. Is this right?
We are aware of anumerous of properties in West Wickham which have some sort of restriction or requirement of consent to perform external alterations. Part of the conveyancing in West Wickham should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I have paid off my mortgage with Principality. I assume I don't need a West Wickham property lawyer on the Principality panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Principality mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Principality mortgage from the register. Principality, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Principality has sent the Land Registry the discharge electronically, and
- Principality has instructed the Land Registry to do so
The formalities of my remortgage has taken place for my property in West Wickham. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. How do I make a complaint?
Most lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Department at head office. We understand that complaints to a lender are resolved effectively and efficiently. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.