We are buying a 1 bedroom apartment in Mid Wales with a mortgage. We wish to retain our Mid Wales solicitor, but the mortgage company advise he's not on their "panel". It appears that we have no option but to select one of the mortgage company panel firms or keep our Mid Wales solicitor and pay for one of their panel lawyers to represent them. We feel that this is inequitable; is there anything we can do?
No, not really. 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 Mid Wales conveyancing solicitor to apply to be on the conveyancing panel.
My conveyancer has identified a a problem with the lease for the property we are purchasing in Mid Wales. The other side have offered title insurance as a solution. We are happy with insurance and will cover the costs. Our conveyancing practitioner has advised that he must check that the mortgage company is content 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 mortgage company are the client. Your conveyancing practitioner 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 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.
I need some expedited conveyancing in Mid Wales as I am faced with an ultimatum to sign on the dotted line in less than one month. A mortgage is not required. Can I avoid the conveyancing searches to save fees and time?
As you are are a mortgage free buyer you have the choice not to do searches although no lawyer would suggest that you don't. With lots of history conveyancing in Mid Wales the following are instances of issues that can be revealed and therefore impact market value: Enforcement Notices, Outstanding Fees, Outstanding Grants, Road Schemes,...
Me and my brother own a semi-detached Edwardian house in Mid Wales. Conveyancing solicitor represented me and Nottingham Building Society. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, the second leasehold with the exact same address. I'd like to know for sure, how can I find out??
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Mid Wales and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the position with your conveyancing lawyer who conducted the work.
Are there any apps to help identify a Mid Wales law firm on the Britannia conveyancing panel? I am a keen cyclist and am willing to travel upto 20kilometers to meet the conveyancer.
You can use the tool on this page. Please select a lender and your location and you will see a number of Mid Wales conveyancing lawyers based on proximity. We have listed some Mid Wales conveyancing firms at the bottom of this page and you can call them to verify whether they are on the Britannia approved list