I am in the process of selling my apartment in Seaton Delaval and the estate agent has just e-mailed to advise that the buyers are appointing a new property lawyer. The reason given is that the bank will only work with property lawyers on their conveyancing panel. On what basis would a leading mortgage company only engage with specific solicitors rather the firm that they want to appoint to handle their conveyancing in Seaton Delaval ?
Lenders have always had an approved set of law firms they are content to work with, but in the last few years big names such as Lloyds Banking Group, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for over 25 years.
Banks point to the increase in fraud as the reason for the cull – criteria have been narrowed as a smaller panel is easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are not going to have any impact on this.
My wife and I are only a couple days away from an exchange on a flat in Seaton Delaval and my parents have sent the ten percent deposit to my lawyer. I am now told that as the deposit has been received from someone other than me my property lawyer needs to make a notification to my bank. I am advised that, in also acting for the bank he must advise them that the balance of the purchase price is not just from me. I disclosed to the mortgage company regarding my parents' contribution when I applied for the home loan, so is it really appropriate for him to raise this?
Your solicitor is duty bound to clarify with mortgage company to make sure that they are aware that the balance of the purchase price is not from your own funds. Your solicitor can only disclose this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
I purchased a freehold house in Seaton Delaval yet invoiced for rent, why is this and what is this?
It’s unusual for properties in Seaton Delaval and has limited impact for conveyancing in Seaton Delaval but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the creation of new rentcharges from 1977 onwards.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
My wife and I purchasing a detached bungalow in Seaton Delaval. The intention is to carry out a loft conversion at the house.Will the conveyancing process involve checks to determine if these alterations are permitted?
Your solicitor will check the registered title as conveyancing in Seaton Delaval will sometimes identify restrictions in the title documents which prevent certain works or necessitated the permission of another owner. Certain works need local authority planning permissions and approval under the building regulations. Some areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. It would be sensible to check these issues with a surveyor before you commit yourself to a purchase.
We were going to get a AIP from Kent Reliance this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Kent Reliance recommend any Seaton Delaval solicitors on the Kent Reliance conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Seaton Delaval solicitors independently although you'll need to choose one on the Kent Reliance conveyancing panel. The solicitor represents both you and Kent Reliance through the process.
The mortgage over my property is with Skipton for my property in Seaton Delaval. Conveyancing has been completed months ago. In the event that I decide to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Skipton?
Your original mortgage agreement with Skipton will provide that you need their approval before renting your property as this is likely to be a breach of Skipton’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Skipton directly. It should not be necessary to do this via a Skipton conveyancing panel firm.
Am I better off to instruct a Seaton Delaval conveyancing solicitor based in the vicinity that I am buying? I have an old university friend who can carry out the legal formalities however his firm is located 400kilometers drive away.
The benefit of a high street Seaton Delaval conveyancing practice is that you can drop in to execute paperwork, deliver your ID and apply pressure on them where appropriate. Having local Seaton Delaval know how is a benefit. That being said it's more important to get someone that will do a good and efficient job. If you know people who instructed your friend and they were happy that must trump using an unfamiliar Seaton Delaval conveyancing lawyer just because they are round the corner.