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Ready to buy a new home? Failing to check that a lawyer is on the Harpenden BS list of approved solicitors can put your transaction at risk of delay or failure.
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FAQs : The Harpenden Building Society Conveyancing Panel
Can you please explain the reason why all UK lawyers aren't included on the Harpenden Building Society Solicitor panel?
Harpenden Building Society and other mortgage companies normally imposes restrictions either the type or the number of conveyancing solicitors on their panel. Typical examples of such restriction(s) being that a firm must have two or more partners. In addition to restricting the type of firm, some have decided to limit the number of firms they use to represent them. You should note that Harpenden Building Society have no responsibility for the quality of advice provided by any member of Harpenden Building Society Conveyancer Panel. Mortgage fraud was a key driver in the rationalisation of conveyancing panels a few years ago and whilst there are differing views about the extent of solicitor involvement in some of that fraud. Statistics from the Land Registry reveal that thousands of law firms only carry out one or two conveyances a year. Those supporting conveyancing panel cuts ask why law firms should have the right to be on a Lender panel when clearly, Conveyancing is not their speciality? To put it another way; would you want a conveyancing solicitor to represent you if you were charged with a crime; probably not.
Our son is in the process of securing a new build apartment with a mortgage from Harpenden Building Society. His solicitor has advised him of a delay in receiving the ‘Disclosure of Incentive Form’. Who needs to receive the form?
The form is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Harpenden Building Society conveyancing panel as a standard part of the process, and to the surveyor when requested.
The Developer will be required to start the process by downloading the form and completing it.
The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Harpenden Building Society conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
Do all the licensed conveyancers and solicitor practices listed on your search have online case tracking as I understood that this was a condition of being on the Harpenden Building Society solicitor panel?
No. There is no CML Part 2 or Building Society Association requirement relating to online case tracking. Some law firms operate such technology and some don't.
I am remortgaging my home does my lawyer have to be on the Harpenden Building Society Solicitor panel?
There is nothing to stop you using your solicitor but Harpenden Building Society will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with an additional lawyer added to the mix, and it will undoubtedly be more expensive too.
We are getting a further advance on our mortgage from Harpenden Building Society as we wish to carry out alterations or improvements our home. Do we need to appoint a solicitor on the Harpenden Building Society conveyancing panel to deal with the legals?
Harpenden Building Society would not normally instruct a member of their approved list of lawyers to deal with such a matter. If they did require any legal work then you would need to ensure that such a lawyer was on the Harpenden Building Society panel
I am due to exchange contracts on my apartment. I had a double glazing fitted in month 7 but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Harpenden Building Society are being problematic. The solicitor who is on the Harpenden Building Society conveyancing panel is saying indemnity insurance will be fine but Harpenden Building Society are requiring a building regulation certificate. Why do Harpenden Building Society have a conveyancing panel of they don’t accept advice from them?
It is probably the case that Harpenden Building Society have referred the matter to their valuer. The reason why Harpenden Building Society may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing correctly and safely installed. It merely protects against enforcement action which is very unlikely anyway.
My ex -wife’s name is on the Harpenden Building Society 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 Harpenden Building Society mortgage in order to sell?
In terms of the Harpenden Building Society 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 Harpenden Building Society 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.