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Gen H Conveyancing Panel : Questions and Answers
I am progressing with the sale of my maisonette and the estate agent has just e-mailed to warn that the purchasers are swapping solicitor. I am told that this is due to the fact that Gen H will only engage with property lawyers on their conveyancing panel. Why would a major lender only engage with certain lawyers?
Lenders have always had an approved set 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 15 years.
Banks 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.
Expecting to move into my new home next Friday. I have now been asked to send a copy of my building insurance schedule by my solicitor as he says that he has to check this in has capacity as lawyer for Gen H. What risks do Gen H expect the insurance to cover?
All property lawyers on the Gen H conveyancing panel would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in Gen H’s Part 2 requirements of the CML Handbook (last updated on Gen H). Being on the Gen H conveyancing panel your lawyer is expect to follow these instructions.
Do all mortgage companies provide you with an approved list of solicitors? How do you know who is on the Gen H conveyancing panel?
The firms themselves provide us confirmation that they are on the Gen H conveyancing panel as opposed to being supplied with a list from Gen H directly.
The solicitors that I recently instructed on my house acquisition in Hendon has suddenly shut down. I chose them because I had to have a lawyer on the Gen H conveyancing panel and my family lawyer was not. I gave them a cheque for £150 in advance. What should be my next steps?
If you have an estate agent involved then inform them straight away so that they can let the sellers know that there may be a slight delay due to the problems encountered. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Gen H 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 should be in a position to help
Do conveyancing solicitors on the Gen H conveyancing panel work on a no sale no fee basis?
On the whole there are no requirements by lenders for their firms to operate on a no-sale-no-fee basis. There a small number of lenders who operate a very restricted conveyancing panel managed by a third party company (often termed in the industry as a ‘gatekeeper’). That third party may impose certain conditions such as non-sale-no fee on the panel firms. If you require this as a condition of your conveyancing then you should check with the conveyancing firm that this is part of their package
Two weeks ago we had a mortgage agreed in principle with Gen H. Solicitors have been appointed? What is the average time that one could expect to receive a mortgage offer from Gen H?
Some lenders take longer than others. Have Gen H done the survey? Have you advised Gen H as your lawyers details and checked that your lawyer is on the Gen H conveyancing panel? It is not unusual for a mortgage offer to take a month to come through
I'm spending time looking at flats and am about to put in an offer. Is it premature to have a solicitor in place? I I am planning to take a home loan with Gen H
You should start obtaining conveyancing quotes from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their details on the the EA. As you are getting a mortgage with Gen H , make sure you remember to check that your lawyer is on the Gen H conveyancing panel.