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Ready to buy a new home? Failing to check that a lawyer is on the Kensington Mortgage list of approved solicitors can put your transaction at risk of delay or failure.
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FAQs : The Kensington Mortgage Conveyancing Panel
Am I correct in assuming that the fact that my solicitor is not on the Kensington Mortgage Conveyancing panel that there is a problem with the standard of her work?
That would more than likely be a wrong assumption to make. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should simply call the firm and ask them why they are no longer on the approved list for Kensington Mortgage.
Our solicitor has uncovered a problem with the lease for the property we are buying. The other side have put forward defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our solicitor has advised that as he is on the Kensington Mortgage conveyancing panel he must check that the lender is happy with this solution. Who is the client here, us or Kensington Mortgage?
Just because you have a mortgage offer from Kensington Mortgage does not mean to say that the property will be meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the CML Handbook Requirements. You and Kensington Mortgage are the client. The appropriate lender requirements have to be complied with by the Kensington Mortgage conveyancing panel who has to balance acting for you and Kensington Mortgage
Are the lawyers identified as being on the Kensington Mortgage conveyancing panel, together with their details provided by Kensington Mortgage?
The firms themselves provide us confirmation that they are on the Kensington Mortgage conveyancing panel as opposed to being supplied with a list from Kensington Mortgage directly.
I am thinking of refinancing my house does my lawyer have to be on the Kensington Mortgage Solicitor panel?
In theory, you could use a solicitor that is not on Kensington Mortgage conveyancing panel, but Kensington Mortgage would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.
I am buying a property where the roof has a solar panel. Kensington Mortgage have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that you are obtaining a mortgage with Kensington Mortgage your lawyer must to check the Kensington Mortgage conveyancing instructions contained in the Part of CML Handbook for Kensington Mortgage . The CML Handbook contains minimum requirements for solar panel roof-space leases, and solicitors are required to report to Kensington Mortgage where a lease does not meet these requirements. The requirements relate to the installation of panels on properties in England and Wales. Requirements for Scotland are due in the near future.
Why might a lender such as Kensington Mortgage withdraw a mortgage offer?
Banks and Building Societies such as Kensington Mortgage can withdraw their mortgage offer although this rarely happens. In the unlikely event that Kensington Mortgage withdraw their offer they may or may not inform you or the lawyer as to the reasons why. There are many potential reasons but here are a number of examples:
- Amendments if purchase price adjusted and the loan to value limits exceeded by this. Please note that Kensington Mortgage conveyancing panel solicitors would be obliged to notify Kensington Mortgage of a change in the price of the property.
- Situations where information provided by the borrower that enabled the lender to make a lending decision is fraudulent, incorrect or misleading.
- Where the purchase price and borrowers direct contribution differ to details on the mortgage application form completed by the borrower
- Where the sale is not at arms length for value to unconnected persons
- If the solicitor on the Kensington Mortgage conveyancing panel acting for the applicant, borrower, mortgagor or guarantor cannot comply with Kensington Mortgage ‘s instructions
I have instructed a lawyer having made sure that they are on the Kensington Mortgage conveyancing panel. Does my lawyer arrange the survey of the property?
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I've digested plenty of mortgage guides,I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my solicitor - who is on the Kensington Mortgage conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Kensington Mortgage will need an independent valuation of the property. Your lawyer will not arrange this. Usually Kensington Mortgage will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey.
You may wish to consider appointing your own surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
or
Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by postcode. As you are getting a mortgage with Kensington Mortgage you could contact your them to see if they have a list of approved surveyors.
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