Find an Approved Solicitor on the The Royal Bank of Scotland plc First Active
RBS- First Active Conveyancing Panel : Questions and Answers
What is the rationale as to why all property lawyers aren't included on the RBS- First Active Solicitor panel?
Even though it may seem unfair for RBS- First Active to restrict who can act for them from the public’s or solicitor’s point of view, the other side of the coin is that the lenders are becoming ever more anxious and feel the necessary need to protect them from mortgage fraud and other illegal activities. As a result of this concern RBS- First Active are limiting their conveyancing panel to a manageable size. The RBS- First Active conveyancing panel is not the most restricted
My fiance and I are refinancing our maisonette with RBS- First Active. We have a son approaching twenty who lives with us. The solicitor on the RBS- First Active conveyancing panel requested us to identify any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the apartment is repossessed. I have two concerns (1) Is this document specific to the RBS- First Active conveyancing panel as he did not need to sign this form when we remortgaged 5 years ago (2) Does our son by signing this giving up his rights to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to RBS- First Active .This is solely used to protect the RBS- First Active if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave.
It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of RBS- First Active had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
I am looking to buy a property and need a conveyancing solicitor in Newcastle who is on the RBS- First Active approved. Could you point me in the right direction as regards a solicitor?
Our service is a directory service for firms who wish to be listed as being on the approved conveyancing panel for RBS- First Active . We don’t recommend any particular firm.
Please explain the implications if my lawyer’s firm is expelled from the RBS- First Active Conveyancing panel prior to the moving date as agreed at exchange of contracts?
The first thing to point out is that, 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.
Is there a list of RBS- First Active panel conveyancers on the Council of Mortgage Lender’s Website?
No. There is no such tool on the Council of Mortgage Lenders or Building Society Association websites. Very few lenders make their panel listings available online.
We have had an offer accepted on a apartment I spoke to a solicitor previously used by my mum and he suggested retaining a law firm approved by RBS- First Active. The estate agent recommended two local firms so I asked RBS- First Active if the 2 suggested solicitors are approved, which they are not. RBS- First Active suggested that either firm can fill out the appropriate forms to become approved. Do I (1) save myself the aggravation and use one of RBS- First Active 's conveyancing panel solicitors (2) Use the local solicitor and accept there may be delays etc as they go through the approval process.
Ask RBS- First Active to suggest a law firm in your location. Most banks have lawyers on their panel throughout the UK. You can also use our search tool at the top of this page to search for a lawyer on the RBS- First Active conveyancing panel based on location. If you particularly like the sound of one of the local lawyers that you have spoken to ask them if they would go onto RBS- First Active conveyancing panel as it may only take about 2-3 weeks. As long as they meet RBS- First Active’s requirements it can be a very simple job for the solicitor. Other stuff will be going on in parallel (as you are at an early stage) so it may not delay matters.
I have paid off my mortgage with RBS- First Active. I assume I don't need a solicitor on the RBS- First Active panel to remove the mortgage at the Land Registry. Please confirm
If you have finished paying off your RBS- First Active 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 RBS- First Active mortgage from the register. RBS- First Active,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 RBS- First Active has sent the Land Registry the discharge electronically, and
the RBS- First Active has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your RBS- First Active mortgage has been paid off.