I am selling my ground floor flat in Stourbridge and the EA has just called to say 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 solicitors on their approved list. Why would a leading lender only engage with certain law firms rather the firm that they want to appoint to handle their conveyancing in Stourbridge ?
UK lenders have always had panels of law firms that can act for them, but in the past few years big names such as Lloyds Banking Group, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for more than 15 years.
Mortgage companies point to the increase in fraud as the reason for the pruning – criteria have been narrowed as a smaller panel is easier to maintain. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that 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. The purchasers are unlikely to have any impact on this.
My wife and I have lately purchased a house in Stourbridge. We have noticed several problems with the house which we believe were omitted in the conveyancing searches. Do we have any recourse? What searches should? have been ordered as part of conveyancing in Stourbridge?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Stourbridge. Conveyancing searches and due diligence initiated as part of the legal transfer of property are carried out to help avoid problems. As part of the process, a property owner completes a form called a Seller’s Property Information Form. If the information is inaccurate, then you may have a claim against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Stourbridge.
We are selling our home in Stourbridge. Does the conveyancer have to be on the Aldermore conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the Aldermore conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their panel criteria fairly frequently in recent years.
Should commercial conveyancing searches reveal impending roadworks that may affect a commercial property in Stourbridge?
Many commercial conveyancing solicitors in Stourbridge will execute a SiteSolutions Highways report as it reduces the time that conveyancers spend in looking into accurate data on highways that impact buildings and development assets in Stourbridge. The search result sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Stourbridge.
For every commercial conveyancing transaction in Stourbridge it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately may result in delays to Stourbridge commercial conveyancing transactions as well as pose a risk to future plans for the site. These searches are not carried out for residential conveyancing in Stourbridge.
Due to the encouragement of my in-laws I had a survey completed on a house in Stourbridge in advance of instructing lawyers. I have been advised that there is a flying freehold overhang to the house. Our surveyor advised that some lenders will refuse to give a mortgage on a flying freehold house.
It varies from the lender to lender. HSBC has different instructions from Halifax. Should you wish to call us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Stourbridge. Conveyancing will be smoother if you use a solicitor in Stourbridge especially if they are acquainted with such properties in Stourbridge.