Find an Approved Solicitor on the April Mortgages
Conveyancing Panel
Common questions asked concerning the April Mortgages Conveyancing Panel
I am progressing with the sale of my flat and the EA has just called to advise that the buyers are switching property lawyer. The reason given is that April Mortgages will only engage with solicitors on their conveyancing panel. Why would a big named mortgage company only engage with specific law firms?
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 Nationwide , 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 as the reason 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.
Can you help?. My lawyer is not to blame but, the conveyancing for my house purchase has been going on for months. The Local Authority Search from April Mortgages was dated random date and we have agreed a date for me to move into the property on 6. My solicitor says that as she is on the April Mortgages conveyancing panel she needs to redo the searches as they are no longer valid.
A precondition to being on the April Mortgages approved panel is to comply with the CML Handbook Part 2 obligations (last updated for this lender on April Mortgages)which states that a local authority search be not more than half a year old. You should nevertheless ask your lawyer to check whether something called ‘search validation’ indemnity insurance is acceptable to April Mortgages.
Are the lawyers identified as being on the April Mortgages conveyancing panel, together with their details provided by April Mortgages?
The law firm practices themselves provide us confirmation that they are on the April Mortgages conveyancing panel as opposed to being supplied with a list from April Mortgages directly.
I am considering applying for a April Mortgages mortgage for purchase of a newly converted (under development) with 65 per cent loan to value. Is it compulsory to choose a solicitor on the conveyancing panel for April Mortgages?
In theory, you could use a solicitor that is not on April Mortgages conveyancing panel, but April Mortgages 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.
Do conveyancing lawyers on the April Mortgages conveyancing panel work on a no move no charge basis?
In the main 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 service
I had instructed online conveyancers located in Birmingham who are on the April Mortgages solicitor panel. They have just invoiced me a separate fee of £175 for the legal aspects of the April Mortgages mortgage. Is this an additional conveyancing fee specified by April Mortgages?
Unfortunately, as long as it is in their Terms and Conditions or Quote then yes your solicitors can charge a fee for this. This fee is not set by April Mortgages but by your lawyers. Some firms on the April Mortgages will charge an ‘acting for lender’ fee and others do not.
I have instructed a lawyer having made sure that they are on the April Mortgages conveyancing panel. Does my lawyer arrange the survey of the property?
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Having read lots of house buying,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 April Mortgages conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
April Mortgages will need an independent valuation of the property. Your lawyer will not arrange this. Usually April Mortgages 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.
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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 April Mortgages you could contact your them to see if they have a list of approved surveyors.