Am I correct in assuming that the fact that my solicitor in Edenbridge is not on my mortgage company's solicitor panel that there is a problem with the quality of her work?
That would more than likely be an incorrect assumption to make. There are plenty of plausible explanations. A recent report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should contact the Edenbridge conveyancing practice and ask them why they are no longer on the approved list for your lender.
Our solicitor has identified a a legal deficiency with the lease for the property we are purchasing in Edenbridge. The other side have offered defective title insurance as a workaround. We are happy with insurance and will pay for it. Our solicitor has advised that he must be satisfied that the bank is willing to move forward with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your solicitor will have no choice but to discontinue acting for you.
Do the Building Society Association intend to launch a search tool with a view to list law firms on the Norwich and Peterborough Building Society conveyancing panel for example in Edenbridge?
We have not been informed any intention on the part of the BSA to develop such a tool.
I'm the single recipient of my late grandmother’s will with all property in now in my sole name, including the house in Edenbridge. Conveyancing formalities meant that the Land Registry date was in December. I want to move. I do know about the Mortgage Lenders six month 'rule', meaning my proprietorship may be treated the same way as if I'd bought the house in December. Is the property unsalable for six months?
The Council of Mortgage Lenders’ handbook mandates solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be affected by that. Most lenders would take a pragmatic view as this obligation is chiefly there to identify subsales or the flipping of property.
How can we know in advance if a Edenbridge conveyancing solicitor on the Bank of Ireland panel is any good?
When it comes to conveyancing in Edenbridge getting recommendations is a sensible starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one which is cheap as chips. We would always advise that you speak with the solicitor handling your conveyancing.
We were going to get a OIP from RBS this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do RBS recommend any Edenbridge solicitors on the RBS conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Edenbridge solicitors independently although you'll need to choose one on the RBS conveyancing panel. The solicitor represents both you and RBS through the process.
A licensed conveyancer dealt with my conveyancing in Edenbridge four years past having retained my registration certificates but has now closed – What can I do to retreive them?
Deeds, as such, are no longer appropriate for the majority of properties in Edenbridge are recorded digitally at Land Registry. Should you need to prove evidence of proprietorship or are disposing of or refinancing your conveyancing practitioner can obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned with reasonable haste.