My wife and I are purchasing a 3 bedroom apartment in Aldridge with a mortgage. We wish to retain our Aldridge lawyer, however the mortgage company says she’s not on their "panel". We have to appoint one of the bank panel conveyancing practices or continue with our Aldridge solicitor as well as pay for one of their panel lawyers to act for them. We feel that this is inequitable; are we not able to demand that the bank use our Aldridge conveyancing practitioner ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’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 Aldridge conveyancing lawyer to apply to be on the conveyancing panel.
I am selling my home in Aldridge. Does the conveyancing practitioner need to be required to be on the TSB conveyancing panel in order to deal with repayment of my mortgage?
Ordinarily, even if your lawyer is not on the TSB conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their panel criteria fairly frequently at the moment.
We are buying a flat in Aldridge. I might seem paranoid but how we can trust a lawyer? On the day of competition we will need to send funds into their account. What protection do we have from them run away with our monies?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
We have agreed to purchase a house in Aldridge. A rare aspect is that the roof has a solar panel. Kent Reliance have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As your lender is Kent Reliance your lawyer must follow the formal requirements set out in Section 2 of UK Finance Lenders’ Handbook for Kent Reliance. The CML Handbook stipulates minimum requirements for solar panel roof-space leases, and property lawyers are required to report to Kent Reliance where a lease fails to meet these requirements. The conditions relate to the installation of panels on properties nationwide and is not isolated to Aldridge.
I am expecting a AIP from Coventry BS this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Coventry BS recommend any Aldridge solicitors on the Coventry BS conveyancing panel, or is it better to go independently?
You will need to appoint Aldridge solicitors independently although you'll need to choose one on the Coventry BS conveyancing panel. The solicitor represents both you and Coventry BS through the process.
Helen (my wife) and I may need to let out our Aldridge 1st floor flat temporarily due to a new job. We instructed a Aldridge conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?
Even though your last Aldridge conveyancing lawyer is no longer available you can review your lease to see if you are permitted to let out the property. The rule is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to seek permission via your landlord or some other party prior to subletting. The net result is that you cannot sublet in the absence of prior permission. Such consent is not allowed to be unreasonably turned down. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.
Aldridge Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing
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What is the yearly service fee and ground rent? How is the lease structured? What restrictions are there in the Aldridge Lease?
Are the Aldridge conveyancing lawyers identified as being on the bank conveyancing panel, together with their details provided by the bank?
Aldridge firms and firms carrying out conveyancing in Aldridge themselves provide us confirmation that they are on the bank conveyancing panel as opposed to being supplied with a list from the lender directly.