Me and my husband are acquiring a ground floor flat in Mirfield. My Solicitor has never been on on the bank approved panel. Am I still permitted to continue with my Mirfield conveyancing solicitor notwithstanding that they are excluded from the lender approved list?
One will need to use a lawyer to deal with the legal work required if you require a mortgage to buy your home. They will carry out all the appropriate due diligence on the property, make sure that you’re registered as proprietor and ensure that all the required mortgage documentation is in order. One can instruct a Mirfield conveyancer of your choice. However, if the conveyancing practitioner appointed is not a member of the bank approved list additional fees will be levied as separate legal representation will be required by them. Bank panel applications may be submitted, so where your conveyancer has not previously applied for membership they should take the chance to apply.
My partner and I are refinancing our penthouse in Mirfield with Lloyds. We have a son 18 who lives with us. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the flat is repossessed. I have two concerns (1) Is this document specific to the Lloyds conveyancing panel as he never had to sign this form when we remortgaged 5 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Lloyds. This is solely used to protect Lloyds if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Lloyds had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
My lawyer has informed me that flying freehold insurance is needed on my purchase. What is the level of cover for Mirfield conveyancing?
The right level of flying freehold indemnity insurance should be dictated by who your lender. It would differ for example between Santander and Virgin Money. Conveyancing solicitors as opposed to borrowers take out such insurances.
When it comes to lenders such as UBS, do Mirfield property lawyers incur a yearly amount to be on the list of approved solicitors?
We are unaware of any lender fees to be on their list of approved firms, although some do levy an administration charge to deal with the processing of the conveyancing panel application.
Having digested plenty of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Mirfield solicitor - who is on the Nationwide conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Nationwide will need an independent valuation of the property. Your lawyer will not arrange this. Usually Nationwide will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your solicitor will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Mirfield postcode. As you are getting a mortgage with Nationwide, you could contact them to see if they have a list of approved surveyors in Mirfield.
What can a local search tell me about the house my wife and I purchasing in Mirfield?
Mirfield conveyancing often commences with the ordering local authority searches directly from your local Authority or through a personal search organisations such as Onsearch The local search is essential in every Mirfield conveyancing purchase; as long as you don’t want any nasty once you have moved into your property. The search should reveal information on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic headings.
My mortgage broker has suggested using their lawyer for the conveyancing in Mirfield - won’t it be better to just instruct them?
You need to establish if the selling agent is recommending a property lawyer or introducing to a conveyancing practitioner. There are plenty of Mirfield estate agents who recommend two or three Mirfield conveyancing firms and get nothing from it.