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I am in the process of selling my apartment and the EA has just telephoned to advise that the purchasers are switching conveyancer. I am told that this is due to the fact that April Mortgages will only work with solicitors on their approved list. On what basis would a leading mortgage company only work with certain law firms?
Mortgage companies have always had panels of law firms they are willing to work with, but in the past few years big names such as Lloyds Banking Group, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 25 years.
Lenders point to the increase in fraud by way of justification for the cull – criteria have been tightened and a smaller panel should be easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels, or have other concerns about them. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyer’s case. Your purchasers are unlikely to have any sway in the decision.
We are due to exchange on the purchase a house but as a result of damage from the recent storms I have agreed compensation from the seller of £3k approx by way of a reduction in the price. This was going to be dealt with as part of the conveyancing process but my mortgage company April Mortgages will not agree to this. Why was April Mortgages even consulted?
Your lawyer being on the April Mortgages conveyancing panel is duty bound to inform April Mortgages of any changes to the purchase price. If you were to refuse your lawyers to disclose the reduction to April Mortgages then they would have to discontinue acting for you and April Mortgages.
Do I have to have a meeting at the offices of the April Mortgages conveyancing panel solicitor to execute the legal charge? If so, I will choose one who does conveyancing in Leeds
so that I can attend their offices if necessary.
As opposed to twenty years ago, most lenders no longer require their conveyancing panel solicitor to witness the borrowers signature. You will still be obliged to provide ID Documents and there are still distinct advantages to using a local solicitor, in your case a conveyancing solicitor in Leeds
.
The lawyers that just started acting on my house acquisition in Brighton has without warning closed. I only went with them because I needed a lawyer on the April Mortgages conveyancing panel and my family lawyer was not. I gave my credit card details for them to take £175 for searches. What do I do now?
If you have an estate agent involved then inform them straight away so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the April Mortgages conveyancing panel and notify the lender. If you have paid over any money it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors may be able to help
I have today made my last payment due on mortgage with April Mortgages. I assume I don't need a solicitor on the April Mortgages panel to remove the mortgage at the Land Registry. Please confirm
If you have finished paying off your April Mortgages 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 April Mortgages mortgage from the register. April Mortgages,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 the April Mortgages has sent the Land Registry the discharge electronically, and
the April Mortgages has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your April Mortgages mortgage has been paid off.
It is not clear whether my mortgage offer requires a lease extension . I have called into my local branch April Mortgages on numerous occasions and was told they are content with the situation and they would lend. My solicitor - who is on the April Mortgages conveyancing panel- telephoned and was told not they would not lend in accordance with their CML Handbook minimum lease term requirements. Who do I believe?
As long as the conveyancer is on the April Mortgages panel she or he must comply with the CML Handbook requirements for April Mortgages. Unless your lawyer obtains specific confirmation in writing that April Mortgages will go ahead your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask April Mortgages to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.
After much negotiation I have agreed a price on a house. My mortgage broker recommended their conveyancers I paid an upfront payment of 225. Soon after the conveyancers contacted me sheepishly admitting that they were not on the April Mortgages conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the April Mortgages panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.