We are buying a 3 bedroom apartment in Old St Mellons with a mortgage. We wish to retain our Old St Mellons solicitor, but the lender advise she’s not on their "panel". It appears that we have little option but to instruct one of the lender panel firms or keep our Old St Mellons solicitor and pay for one of their panel firms to represent them. This feels very unfair; are we not able to insist that the lender use our Old St Mellons property lawyer ?
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. Another option that might be available is for your Old St Mellons conveyancing solicitor to apply to be on the conveyancing panel.
I just acquired a house at auction in Old St Mellons. Conveyancing is necessary. What is next?
Now that you are legally committed yourself to purchase you must choose a conveyancing solicitor quickly as you are facing a pending a fixed date to complete the deal. Every auction property will have a bespoke legal set of papers. This should include the copy title deeds, local authority and drainage searches. If you have purchased leasehold premises the auction papers should provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation specific to leasehold premises. You must give this to the lawyer instructed by you at the earliest opportunity. Do make sure that your finances are organised to complete on the date specified in the contract.
We are getting a further advance on our home loan from Leeds Building Society as we intend to carry out a loft conversion to our house in Old St Mellons. Do we need to select a local Old St Mellons solicitor on the Leeds Building Society conveyancing panel to handle the legals?
Leeds Building Society would not normally require a member of their conveyancing panel to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Leeds Building Society panel.
We have agreed to purchase a house in Old St Mellons. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Virgin Money be concerned?
Given that your lender is Virgin Money your lawyer must check the formal instructions set out in Section 2 of UK Finance Lenders’ Handbook for Virgin Money. The Council of Mortgage Lenders’ Handbook stipulates minimum provisions for solar panel roof-space leases, and lawyers are required to report to Virgin Money where a lease fails to meet these requirements. The specifications relate to the installation of panels on properties in England and Wales and is not isolated to Old St Mellons.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on a fortnight ago in what was supposed to be a simple, no chain conveyancing. Old St Mellons is the location of the property. Is there any guidance you can give?
Flying freeholds in Old St Mellons are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Old St Mellons you would need to get your solicitor to go through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Old St Mellons 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 residence.
In my capacity as executor for the will of my grandmother I am disposing of a residence in Neath but live in Old St Mellons. My solicitor (approximately 235 kilometers from merequires that I sign a stat dec before the transaction finalising. Could you suggest a conveyancing solicitor in Old St Mellons to witness and place their company stamp on the document?
strictly speaking you are not likely to need to have the documents attested by a conveyancing solicitor. Normally any notary public or solicitor will be fine regardless of whether they are located in Old St Mellons
When it comes to my conveyancing in Old St Mellons should I be charged VAT on the following: (1) Land reg fee on purchase (2) Pre - completion search fee (3) SDLT E submission on purchase (4) Bank TT fee
(1) Land reg fee on purchase - No (2) Pre - completion search fees -No, (such conveyancing searches are HMLR ones and means £4 and possibly £2 bankruptcy per name on your mortgage) (3) SDLT E submission on your purchase - There is no VAT on Stamp Duty. However if the firm is charging a stamp duty e-submission fee as part of their services - some Old St Mellons conveyancers do - that will incur VAT(4) Bank transfer fee - Yes it is for the property lawyer's time in submitting the funds this way.