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We are buying a 2 bedroom flat in Leeds with a mortgage from Whistletree. We would like to retain our solicitor but Whistletree says he's not on their "panel". It seems we have little choice but to instruct one of the Whistletree panel firms or keep our solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; Can we not simply insist that Whistletree use our lawyer?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the Whistletree 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 solicitors to apply to be on the conveyancing panel for Whistletree
Please help. My lawyer is informing me me that she is duty-bound to order a Local Authority search because the firm are on the Whistletree conveyancing panel. The searches cost a lot of money. Can this be avoided?
You have limited options available to you. As you are taking a mortgage with Whistletree your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of Whistletree’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements last updated Whistletree. even if you were a cash buyer you would be ill advised not to carry out a local authority search.
How up to date is your search tool for the Whistletree conveyancing panel? Do Whistletree send you an updated list?
The law firm practices themselves provide us confirmation that they are on the Whistletree conveyancing panel as opposed to being supplied with a list from Whistletree directly.
My grandmother passed away last year and as sole heir and executor was left the house. The house had a relatively small loan left on it of around £5k. I want to have the title changed into my name whilst I re-mortgage to Whistletree , pay off the mortgage etc. Is this allowed?
If you intend to re-mortgage then Whistletree will insist on your using a conveyancer on the Whistletree conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Whistletree conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Whistletree mortgage is registered as a charge at the Land Registry.
My husband and I are in the process of viewing flats and now considering a potential offer. Should I already have a conveyancer appointed at this stage? I intend to finance via a mortgage with Whistletree
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 estate agent. As you are getting a mortgage with Whistletree , make sure you remember to check that your lawyer is on the Whistletree conveyancing panel.
I have paid off my mortgage with Whistletree. I assume I don't need a solicitor on the Whistletree panel to remove the mortgage at the Land Registry. Please confirm
If you have finished paying off your Whistletree 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 Whistletree mortgage from the register. Whistletree,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 Whistletree has sent the Land Registry the discharge electronically, and
the Whistletree has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your Whistletree mortgage has been paid off.
I am currently in the process of buying my council flat. I have a mortgage agreed with Whistletree. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event if you are getting a mortgage with Whistletree you will need to appoint a solicitor on the Whistletree conveyancing panel.
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