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Bank of Scotland Private Conveyancing Panel : Questions and Answers
I am obtaining a mortgage with Bank of Scotland Private. my intention is to enlist the help of a Licensed Conveyancer. Does the Bank of Scotland Private Conveyancing panel allow for Licensed Conveyancers
Bank of Scotland Private’s conveyancing panel is, like many other lenders associated to the CML or BSA, open to Licensed Conveyancers regulated by the Council of Licensed Conveyancers.
Much to my surprise my solicitor has requested from me proof of ID documents saying that this is part of his obligations as a solicitor on the Bank of Scotland Private Conveyancing panel. Is this right?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offense if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage with Bank of Scotland Private your lawyer also has to check ID documents to satisfy Bank of Scotland Private
Do I need to pop into the offices of the Bank of Scotland Private conveyancing panel solicitor to sign the legal charge? If so, I will instruct a firm who offer conveyancing in Liverpool
so that I can attend their offices when needed.
Whereas this was necessary ten years ago, most lenders no longer require their conveyancing panel solicitor to witness the borrowers signature. You will still be obliged to provide ID Documents and there are still distinct advantages to using a local solicitor, in your case a conveyancing solicitor in Liverpool
.
The solicitors that I appointed last week on my house acquisition in Brighton has suddenly shut down. I chose them because I had to have a solicitor on the Bank of Scotland Private conveyancing panel and my preferred lawyer was not. I gave my credit card details for them to take £175 for searches. What are my options?
Assuming that you have an Estate Agent in the equation then inform them straight away so that they advise the vendors that there may be a slight delay due to the problems encountered. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Bank of Scotland Private conveyancing panel and notify the lender. If you have paid over any money it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors may be able to help
In what circumstances might Bank of Scotland Private amend or withdraw their mortgage offer?
Lenders such as Bank of Scotland Private can withdraw their mortgage offer although this is unusual. If Bank of Scotland Private withdraw their offer they may or may not inform you or the lawyer as to their reasoning. There are many potential reasons but here are a few examples:
- Amendments if purchase price adjusted and the loan to value limits exceeded by this. Please note that Bank of Scotland Private conveyancing panel solicitors would be obliged to notify Bank of Scotland Private 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 to proceed with the Mortgage offer would be unlawful
- Where the lender has to take account a recent change in law
- If the lender reasonably suspects that the applicant, borrower, mortgagor or guarantor is involved in any criminal or fraudulent activity, including trading in illegal drugs or other substances, theft, robbery, deception or other serious offences, or if the applicant borrower, mortgagor or guarantor has a conviction for any serious criminal offence, including theft, deception, fraud, robbery or trade in illegal drugs or other substances;
Bank of Scotland Private have agreed my mortgage in principle, my offer on house has been accepted, now what?
The estate agent will want to know who your solicitors are (make sure these solicitors are on the lenders panel). Call up Bank of Scotland Private or your broker and complete any relevant paperwork. Bank of Scotland Private will tell you what documents they want. Bank of Scotland Private will instruct a valuer. The valuer will get in touch with the estate agent or seller to book an appointment. Once conducted (assuming no problems) it takes about week to get a mortgage offer. Bank of Scotland Private will issue the offer to you and your lawyer. The transaction will then take it’s course according the nature and complexity of the conveyancing.
We are are acquiring a penthouse in Hendon. Conveyancing solicitors in Hendon need to beretained. My agentsuggested that we enquire that the property lawyer in Hendon is on the Bank of Scotland Private solicitors panel. Aren't all lawyers on the Bank of Scotland Private panel?
Not all Hendon conveyancing firms are on the Bank of Scotland Private conveyancing panel. Click here to search for a Hendon conveyancing practitioner on the on the Bank of Scotland Private solicitors pane.