I am 3 weeks into the sale of my maisonette in Monmouthshire and the EA has just telephoned to warn that the buyers are swapping property lawyer. I am told that this is due to the fact that the mortgage company will only work with property lawyers on their approved list. On what basis would a leading mortgage company only work with certain lawyers rather the firm that they want to appoint for their conveyancing in Monmouthshire ?
Lenders have always had panels of law firms they are content to work with, but in the last few years big names such as Santander, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for many years.
Lending institutions justify this action to a rise in fraud by way of justification for the reduction – criteria have been narrowed as a smaller panel is easier to monitor. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms 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 unlikely to have any impact on this.
Some advice if I may. My Monmouthshire lawyer is assuring me that she is duty bound toconduct Monmouthshire conveyancing searches becausethe firm are on the HSBCconveyancing panel. Is my solicitor right?
You have limited options available to you. As you are obtaining a home loan with a mortgage company your property lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your property lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the Council of Mortgage Lenders’ Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Monmouthshire conveyancing searches.
Just acquired a detached house in Monmouthshire , how long will it take for the Land Registry to register my title? My Monmouthshire conveyancing solicitor works at snail pace, so I want to check that my name is recorded.
There is nothing unique about conveyancing in Monmouthshire registration formalities. Rather than based on location, timescales can differ depending on who lodges the application, whether there are errors and if the Land registry have to notify any other persons or bodies. As of today roughly 80% of such applications are completed in less than three weeks but occasionally there can be longer hold-ups. Registration is effected once the new owner has moved in to the premises thus an expedited registration is not usually primary concern yet if there is a degree of urgency associated with the registration then you or your lawyers must communicate with the Registry to express the reasoning for the application to be prioritised.
Due to the encouragement of my in-laws I had a survey completed on a house in Monmouthshire ahead of instructing conveyancers. I have been told that there is a flying freehold overhang to the house. My surveyor advised that some lenders tend refuse to grant a loan on such a premises.
It varies from the lender to lender. Bank of Scotland has different instructions from Birmingham Midshires. Should you wish to call us we can investigate further with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Monmouthshire. Conveyancing may be slightly more expensive based on your lender's requirements.
We have chosen a Monmouthshire conveyancing solicitor for our house purchase (first time buyers) and have picked up in the Ts and Cs that they are not overseen by the Financial Conduct Authority. Need I be worried or is that standard with lawyer?
We can't see why they should be. Most conveyancer don't lend money. You should check that they are governed by the SRA, who have strict rules in place on monies deposited by them.