Me and my wife are acquiring a maisonette in Conwy. My property lawyer is not listed on the lender solicitor panel. Can I still appoint my Conwy conveyancing solicitor even though they are not on the lender panel of approved conveyancing solicitors?
One will need to appoint a conveyancer to deal with the formalities when you require a loan to buy your home. They will carry out all the appropriate investigations on the property, ensuring that you will be properly registered as the owner and ensure that all the necessary mortgage documentation is in place. One could instruct a Conwy conveyancing practitioner of your choice. Nevertheless, where the conveyancer selected is not a member of the mortgage company approved list further charges will be incurred as separate legal representation will be need by the lender. Conveyancing panel applications can be submitted, so provided your solicitor has not previously sought membership they should take the chance to apply.
Do the Building Society Association intend to launch a search tool with a view to list firms on the Melton Mowbray Building Society conveyancing panel for instance in Conwy?
We have not been informed any intention on the part of the BSA to promote such a tool.
I used Stirling Law several years ago for my conveyancing in Conwy. I now require my file however the law firm is no longer operating. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Conwy of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Due to the encouragement of my in-laws I had a survey completed on a house in Conwy before retaining lawyers. I have been informed that there is a flying freehold aspect to the house. My surveyor has said that some mortgage companies may not grant a loan on a flying freehold house.
It varies from the lender to lender. HSBC has different instructions for example to Halifax. If you call us we can check with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Conwy. Conveyancing may be slightly more expensive based on your lender's requirements.
I am a negotiator for a busy estate agency in Conwy where we see a number of leasehold sales derailed due to short leases. I have received inconsistent advice from local Conwy conveyancing firms. Please can you clarify whether the owner of a flat can start the lease extension formalities for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Leasehold Conveyancing in Conwy - Sample of Questions you should consider before buying
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The prefered form of lease structure is a share of the freehold. In this arrangement the leaseholders benefit from control and notwithstanding that a managing agent is usually retained if it is larger than a house conversion, the managing agent is directed by the tenants. What is the name of the managing agents? This question is helpful as a) areas could result in problems in the block as the communal areas may start to deteriorate if maintenance are not paid for b) if the leaseholders have a dispute with the running of the building you will want to know about it
Do I cancel my mortgage payments with UBS as soon as a completion date for my sale in Conwy has been agreed?
You are best advised to continue paying any mortgage payments to UBS until the mortgage is redeemed out of the proceeds of sale as part of your Conwy conveyancing.