Find an Approved Solicitor on the Rooftop Mortgages Ltd
Conveyancing Panel
Frequently asked questions relating to the Rooftop Mortgages Conveyancing Panel
My husband and I are novices when it comes to buying a property. Within the 48 hours our lawyer has sent a preliminary report and documents to look through with a view to exchanging next week. Rooftop Mortgages have this afternoon contacted us to advise us that there is now an issue as our lawyer is not on their conveyancing panel. What do we do from here?
If you are buying a property with the assistance of a mortgage it is usual for the purchaser's solicitors to also act for the purchaser's lender.
In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme.
Your property lawyers should contact Rooftop Mortgages and see if they can apply for membership of the Rooftop Mortgages conveyancing panel, but if that is not viable Rooftop Mortgages will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the Rooftop Mortgages conveyancing panel as you are at liberty to use your preferred lawyers, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.
My solicitor has spotted an inconsistency between the surveyor’s assumptions in Rooftop Mortgages’s home valuation report and what is revealed within the legal papers for the property. My lawyer has advised that as he is on the Rooftop Mortgages conveyancing panel he needs to check that the bank is with this discrepancy and is still content to lend. Is my conveyancer’s stance correct?
A precondition to being on the Rooftop Mortgages approved panel is to comply with the CML Handbook requirements (last updated for this lender on Rooftop Mortgages) which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
Do I have to have a meeting at the offices of the Rooftop Mortgages conveyancing panel solicitor to execute the mortgage deed? If so, I will appoint a lawyer who conducts conveyancing in London
so that I can attend their offices when needed.
Most conveyancing panel lawyers for Rooftop Mortgages undertake all of the work via the post, internet or over the phone. This means that they can undertake your Conveyancing Transaction no matter where you live in England or Wales. However you should check if you can still book an appointment to go into appointed conveyancing lawyer if you prefer.
We're in Birmingham, First time buyers buying with a mortgage (lender is Rooftop Mortgages , but our lawyer is on the Rooftop Mortgages conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Rooftop Mortgages conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer should guarantee a time-frame for your conveyancing due to third parties outside of our control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain
is it true that all solicitors on the Rooftop Mortgages conveyancing panel overseen by the SRA?
As a firm of solicitors, in order to be on the Rooftop Mortgages conveyancing panel they would need to be regulated by the SRA. Many lenders do allow licenced conveyancers on their panel in which case such firms would be regulated by the Council of Licensed Conveyancers (CLC).
The mortgage over my property is with Rooftop Mortgages. Conveyancing was finalised a year ago. In the event that I decide to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Rooftop Mortgages?
Rooftop Mortgages must be informed of your intention before renting your property as this is likely to be a breach of Rooftop Mortgages’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Rooftop Mortgages directly. You need not do this via a Rooftop Mortgages conveyancing panel solicitor.
My ex -wife’s name is on the Rooftop Mortgages mortgage of my property but not on the land registry. The apartment was transferred to me on our divorce many years ago by way of a sealed court order. Does my ex still have a say on the sale even though the land registry showing the property in my name alone? Will I be required to take her name of the Rooftop Mortgages mortgage in order to sell?
In terms of the Rooftop Mortgages mortgage, it is unusual that your ex-wife’s name remains on the mortgage but not on the title. It is conceivable that this is an oversight on the part of your conveyancers to ensure that her name was removed or even an administrative error on the part of Rooftop Mortgages in failing to update their data. In any event, it should cause difficulty providing her name no longer appears on the Land Registry title and you have a court order ordering that the property is transferred to you.