My wife and I are buying a 1 bedroom flat in St Pancras with a mortgage. We would like to retain our St Pancras lawyer, but the bank says she’s not on their "panel". It seems we have no option but to use one of the mortgage company panel conveyancing practices or continue with our St Pancras conveyancer and pay for one of their panel ones to represent them. This feels very unfair; can we not insist that the bank use our St Pancras conveyancer ?
Unfortunately,no. The mortgage offered to you 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 St Pancras conveyancing lawyer to apply to be on the conveyancing panel.
I had intended to instruct a conveyancing solicitor in St Pancras for our house move. Our broker has since notified us that our mortgage lenders Halifax won't deal with them. Surely this is unfair competition?
A decade ago most banks had an appetite for risk which was higher than today. Almost all St Pancras conveyancing firms would have been on many lender panels. The FSA in 2010 completed a thematic investigation into mortgage fraud which concluded: mortgage lenders should know the conveyancing solicitors dealt with. Consequently, mortgage companies are increasingly seeing more data from law firms relating to their operations and the individuals who work for them as well as set certain criteria such a completing on a minimum number of conveyancing. Many St Pancras conveyancing firms that have been excluded from lender panels have a 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. St Pancras is one of the thousands of areas where the lawyers we recommend are are approved Halifax.
I note that there are debates on Chancel Insurance on online forums. Am I compelled to have this when buying a property in St Pancras? or Apparently there is an ancient law that could mean that homeowners residing in a parish church boundary may be liable to contribute towards repairs to the chancel in proximity to the church. Is this relevant for conveyancing in St Pancras?
Unless a previous acquisition of the property completed after 12 October 2013 you can expect conveyancing practitioners conducting conveyancing in St Pancras to continue to propose a a chancel search and or insurance against a claim.
How does conveyancing in St Pancras differ for new build properties?
Most buyers of new build or newly converted property in St Pancras come to us having been asked by the developer to exchange contracts and commit to the purchase even before the house is completed. This is because house builders in St Pancras usually purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in St Pancras or who has acted in the same development.
I am 14 days into a residential purchase having been recommend to conveyancers by the local agent to perform conveyancing in St Pancras. I am am extremely dissatisfied with the quality of service. Could you help me find new solicitors?
A lawyer would have to be very poor in order to consider changing them. Has the mortgage been sent? If so you need to make them aware of the new solicitor and get the offer are issued to the new lawyers. The solicitor ideally should be on the lenders panel to avoid supplemental costs and complications. That should be your first question of the new conveyancers. The search tool can assist you in finding a lender approved conveyancer for your conveyancing in St Pancras
Should one remove a departed person's name from the title deeds for a property in St Pancras?
If a St Pancras property is jointly owned and one of the owners passes away, their name will not immediately be removed from the Land Registry title. It is not necessary to amend the title as when it comes to a disposal you would simply be required to supply proof as to the reason the co proprietor is not a party to the conveyance, usually this takes the form of a grant of probate.
With a view to making things simpler in the future you may arrange to have the deceased party erased from the title entries by applying to HM Land Registry with proof of the death. There is no charge from the Registry for this service.