I am nearing exchange of contracts for my home in Catton and the estate agent has just text me to advise that the buyers are changing their law firm. I am told that this is due to the fact that the bank will only deal with solicitors on their approved list. On what basis would a leading mortgage company only deal with specific lawyers rather the firm that they want to appoint to handle their conveyancing in Catton ?
Banks have always had an approved set of law firms they are willing to work with, but in recent years big names such as Lloyds Banking Group, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for over 25 years.
Mortgage companies blame a rise in fraud as the reason for the cull – criteria have been stiffened 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 says it is being contacted daily by practices that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are not going to have any impact on this.
is it true that all Catton solicitors on the HSBC conveyancing panel are overseen by the Solicitors Regulatory Authority?
As solicitors, in order to be on the HSBC conveyancing panel they would need to be regulated by the SRA. Many lenders do list licenced conveyancers on their panel in which case such organisation would be regulated by the Council of Licensed Conveyancers.
We previously selected conveyancers located in Catton on the Barclays solicitor panel. They have just billed me an additional amount for handling the Barclays mortgage. Is this an additional conveyancing fee specified by Barclays?
Provided it is contained in their Terms and Conditions or estimate then yes your conveyancer can charge a fee for this. The charge is not set by Barclays but by your Catton conveyancer. Plenty of firms on the Barclays panel will levy ’dealing with mortgage’ fee and others do not.
Virgin Money have agreed my mortgage in principle, my offer on a house in Catton has been agreed to, what happens next?
Your estate agent will need to be informed of your conveyancing practitioner's details (ensure that the lawyers are on the lender’s approved list). Call up Virgin Money or the financial adviser and finish off any outstanding documentation. Virgin Money will appoint a valuer who will get in contact with the estate agent or vendor to schedule an appointment. Once conducted (assuming no problems) it takes on average ten days for the mortgage offer to be issued. Virgin Money will issue the offer to you and your conveyancing practitioners. The legal work will then take it’s course according the nature and complexity of the conveyancing in Catton.
How does conveyancing in Catton differ for newly converted properties?
Most buyers of new build residence in Catton approach us having been asked by the developer to sign contracts and commit to the purchase even before the property is finished. This is because house builders in Catton typically buy the real estate, 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 conveyancers 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 Catton or who has acted in the same development.
Due to the input of my in-laws I had a survey completed on a property in Catton in advance of retaining solicitors. I have been advised that there is a flying freehold aspect to the property. The surveyor advised that some lenders may refuse to issue a mortgage on a flying freehold home.
It depends who your proposed lender is. Lloyds has different instructions for example to Halifax. Should you wish to telephone us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Catton. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Catton to see if the conveyancing costs will increase in light of this.
My wife and I purchased a leasehold house in Catton. Conveyancing and Coventry Building Society mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Catton who previously acted has long since retired. What should I do?
First make enquiries of the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Catton conveyancing solicitor to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Catton Conveyancing for Leasehold Flats - Sample of Questions you should ask before buying
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Are there any major works in the planning that will increase the service charges? You will want to find out as much as you can about the company managing the block as they will either make life much easier or much more difficult. Being a leasehold owner you are often in the clutches of the managing agents both financially and when it comes to every day issues like the cleanliness of the communal areas. You should not be shy to ask prospective neighbours what they think of their management. On a final note, be sure you know the dates that you are obliged pay the maintenance charge to the managing agents and precisely what it includes.
I have appointed a Catton conveyancing solicitor for our home move (novice purchasers) and have spotted in the Ts and Cs that they are not regulated by the Financial Conduct Authority. Am I right to be concerned or is that standard with property lawyer?
We can't see why they should be. Most conveyancing practitioner don't lend money. They should be governed by the Solicitors Regulation Authority, who set strict stipulations regulating monies deposited in their bank.