Whether you're a layman looking to understand your own transaction or a lawyer needing assistance with a client's conveyancing our step by step sale and purchase guides will lead you through the process while our mini guides will break the whole thing into manageable chunks and give a deep insight into the key issues and stages. Leasehold, freehold, unregistered, registered – we've got it all covered.
Need help with a remortgage or transfer of equity / deed of gift? Our guides will walk you through the process and highlight some of the common pitfalls. Mortgages and transfers can be very simple procedures but complex issues can sometimes arise and mistakes are easily made. These guides will help you deal with them.
So you want to have a go at your own conveyancing? First you should read about the risks, then if you're still happy to proceed, our guides will take you through each stage of the process telling you what to look out for and helping you avoid falling into expensive traps. Our subscription service will give you access to all of the documents you should need for your conveyancing and we can even supply you with the Land Registry Official Copies you'll need. Our general guides will cover all the obstacles you are likely to face and offer a practical solution. Have a look at our sale and purchase guides too.
A big part of the conveyancing process is the conveyancing searches. This section tells you all about them. What they are, how and when to order them and how to interpret the results. Each search has its own guide and you'll see they are separated into Standard (should be done in every case), Regional (area specific) and Optional (not essential but often useful tools for the would be purchaser). All buyers should beware that when you buy a property, the law assumes that you have seen the information that would have been revealed by searches whether or not you have actually carried them out, so you buy the property subject to the results.
Using a conveyancer to handle your conveyancing will greatly reduce the risk to you and sometimes, particularly if you are taking out a new mortgage, you will have no choice but to instruct a conveyancer. The good news is it doesn't have to break the bank. Get a free, instant quote here. We can also help with quick easy quotes for other moving related services.
Are you looking for the documents you'll need for your conveyancing transaction? Or official copies of the title or other documents from Land Registry. We can help you. Follow the links below.
Does a CML member send any protocol forms to a solicitor to get confirmation that the Lenders terms (mortage terms & conditions) have been complied with in full making the mortgage "valid" ??
Should the lender make adequate checks if the solicitors doesn't return any forms or send an unqualified Cert Of Title ??
If the lender has not had any confirmation that the solicitors has indeed complied with the CML handbook / instructions / protocol forms or whatever should the mortgage be afforded - Simply should some form of diligence take place to make sure the property which is a new build has all that's needed before allowing the drawdown of funds (mortgage) I would have thought that something was needed by the lender to show compliance and if not seek further information from the solicitor to ensure all is OK or not, & if not then not allow the release of the loan
Many thanks
The lender's instructions to the solicitor are contained in the CML handbook. The lender may also impose transaction specific conditions in which case these will be contained in the mortgage offer. If the solicitor submits an unqualified certificate of title the lender will treat this as confirmation that all of the handbook requirements and any specific conditions have been complied with and will release funds. A CML lender will not except in very exceptional circumstances (if ever) release funds based on a qualified certificate of title
If all that was supplied to the lender was an unqualified Cert Of Title but then the lender does not ask anything about it ie require the solicitor to veryify it as there's no other documents from the solicitor then what if the mortgage is then afforded.
In the case of an unqualified cert of tile how is the mortgage valid after the lender does learn that they did release funds wrongly - As has happend to me !!
I thought the lender would need more than a copy of the title cert to ensure the CML terms had been complied with and, as such, the mortgage could be considered "Good"
No, the lender is entitled to rely on the solicitor's certificate of title. If the solicitor has made an error then the lender may make a claim on the solicitor's professional indemnity insurance, just as you can if an error by the solicitor (I assume the same firm acted for both you and the lender) has caused you loss. What are the full circumstances?