We are buying a 2 bedroom apartment in Ashbourne with a mortgage. We like our Ashbourne solicitor, however the lender says she’s not on their "panel". We have to appoint one of the mortgage company panel solicitors or keep our Ashbourne conveyancing practitioner and pay for one of their panel firms to act for them. We consider that this is inequitable; can we not demand that the lender use our Ashbourne solicitor ?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Ashbourne conveyancing solicitor to apply to be on the conveyancing panel.
My lender has recommended solicitors on their panel based in Ashbourne but I would rather use a conveyancing lawyer in Ashbourne or nearer to where I live. Are you able to help?
Not all Ashbourne conveyancing practitioners are approved and listed on all banks conveyancing panel. Do make the most of the above search tool to find a Ashbourne conveyancing firm on the on the bank panel.
I am buying a property in Ashbourne. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender HSBC be concerned?
Given that you are obtaining a mortgage with HSBC your lawyer must check the conveyancing instructions contained in Section 2 of UK Finance Lenders’ Handbook for HSBC. The CML Handbook sets out minimum provisions for solar panel roof-space leases, and solicitors are required to report to HSBC where a lease does not comply with these specifications. The conditions relate to the installation of panels on properties nationwide and is not restricted to Ashbourne.
I'm at the point of viewing apartments in Ashbourne and I am about to put in an offer. Is it best to have my property lawyer on ‘stand by’? I will be getting a mortgage with UBS.
You should start obtaining conveyancing estimates from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their details on to the estate agent. As you are getting a mortgage with UBS, ask your prospective lawyers if they are on the UBS conveyancing panel otherwise they can't do the mortgage legal work.
I have paid off my mortgage with Lloyds. I assume I don't need a Ashbourne conveyancer on the Lloyds panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Lloyds mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Lloyds mortgage from the register. Lloyds, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Lloyds has sent the Land Registry the discharge electronically, and
- Lloyds has instructed the Land Registry to do so
The deeds to our home are lost. The lawyers who did the conveyancing in Ashbourne 4 years ago have long since closed. What do I do?
These day there are duplicates made of almost everything, and your lawyer should know exactly where to locate all the relevant documentation so you may buy or sell your house without any difficulty. If duplicates are not available, your solicitor can put in place insurance or indemnities against future claims on your premises.
I opted to have a survey carried out on a house in Ashbourne in advance of instructing solicitors. I have been told that there is a flying freehold overhang to the house. Our surveyor has said that some lenders will refuse to issue a loan on this type of home.
It varies from the lender to lender. Lloyds has different requirements from Halifax. Should you wish to telephone us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Ashbourne. Conveyancing will be smoother if you use a solicitor in Ashbourne especially if they are accustomed to such properties in Ashbourne.
My step-son is about to join the property ladder, he had his mortgage in principle. When the offer was accepted on apartment we telephoned the bank to move forward with his. We were shocked to learn that mortgage companies do not accept all solicitor, they must be on their panel, is this legal?
Banks ordinarily imposes restrictions either the type or the number of conveyancing practices on their panel. A common example of such restriction(s) being that a firm must have two or more partners. In addition to restricting the type of firm, some have decided to limit the number of firms they use to represent them. You should note that banks have no responsibility for the quality of advice provided by any Ashbourne lawyer on their panel. Mortgage fraud was a key driver in the rationalisation of conveyancing panels a few years ago and whilst there are differing views about the extent of solicitor involvement in some of that fraud. Statistics from the Land Registry reveal that thousands of law firms only carry out one or two conveyances a year. Those supporting conveyancing panel cuts ask why law firms should have the right to be on a Lender panel when clearly, conveyancing is not their speciality. To put it another way; would you want a conveyancing solicitor to represent you if you were charged with a crime? Unlikely.