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approved by Aviva Equity Release
Ready to buy a new home? Failing to check that a lawyer is on the Aviva Equity Release list of approved solicitors can put your transaction at risk of delay or failure.
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How does my firm apply to be on the Aviva Equity Release UK Ltd Conveyancing Panel? How can my firm be reinstated onto the Aviva Equity Release UK Ltd Conveyancing Panel?Find an Approved Solicitor on the Aviva Equity Release UK Ltd Conveyancing Panel
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I am progressing with the sale of my flat and the estate agent has just called to warn that the buyers are switching solicitor. The reason given is that Aviva Equity Release will only engage with solicitors on their conveyancing panel. Why would a big named lender only deal with specific solicitors?
UK 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 Santander, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 25 years.
Lenders 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 hearing daily from firms 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.
I am purchasing a newly built duplex and my conveyancer is telling me that she has to reveal incentives from the developer as her practice is on the Aviva Equity Release conveyancing panel. I am on a tight deadline to exchange contracts and I would rather not prolong matters. Can I insist on an exchange regardless of what my lawyer says about being on the Aviva Equity Release panel?
You should not exchange unless you have advised to do so by your lawyer. A precondition to being on the Aviva Equity Release approved panel is to comply with the CML Handbook requirements (last updated for this lender on Aviva Equity Release). The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Having used your search tool I can't find the lawyer I was hoping to instruct as being on the Aviva Equity Release conveyancing panel. My lawyer has said that they are on the Aviva Equity Release approved panel. How can I be sure given that they are not listed on your directory?
Not all firms are yet listed on our lender panel search tool which is still relatively new. Law firms are listing on a daily basis and it is probably the case that your lawyer is on the Aviva Equity Release conveyancing lawyer and you should probably take them at their word. Please do feel free to suggest that they completing their listing on our site as it would only cost them £1 a month to list themselves as being on the Aviva Equity Release solicitor panel.
Can you clarify what the consequences are if my solicitor is suspended from the Aviva Equity Release Conveyancing panel in advance of the moving date as agreed at exchange of contracts?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have ti instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by the regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
I'm in the throws of viewing houses and now considering a potential offer. Is it best to have a conveyancer on ‘stand by’? I intend to finance via a home loan with Aviva Equity Release
It would be sensible to have your start your search soon rather than later. After you have chosen your lawyer 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 Aviva Equity Release , make sure you remember to check that your lawyer is on the Aviva Equity Release conveyancing panel.
I have today made my last payment due on mortgage with Aviva Equity Release. I assume I don't need a solicitor on the Aviva Equity Release panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Aviva Equity Release 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 Aviva Equity Release mortgage from the register. Aviva Equity Release,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 Aviva Equity Release has sent the Land Registry the discharge electronically, and
the Aviva Equity Release has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your Aviva Equity Release mortgage has been paid off.
My ex -wife’s name is on the Aviva Equity Release 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 Aviva Equity Release mortgage in order to sell?
In terms of the Aviva Equity Release 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 Aviva Equity Release 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.
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Transfer of Equity for Aviva Equity ReleasePlease note that Lexsure Ltd is in no way associated with nor affiliated with Lexsure Solicitors