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Ready to buy a new home? Failing to check that a lawyer is on the Manchester Building Society list of approved solicitors can put your transaction at risk of delay or failure.
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I am expecting a mortgage with Manchester Building Society. my intention is to employ the services of a Licensed Conveyancer. Does the Manchester Building Society Solicitor panel include conveyancers regulated by the CLC
Manchester Building Society’s approved solicitor list is, like many other lenders represented by the Council or Mortgage Lenders or Building Society Association, open to Licensed Conveyancers regulated by the CLC.
My husband and I are refinancing our penthouse with Manchester Building Society. We have a son 19 who lives with us. The solicitor on the Manchester Building Society conveyancing panel has asked us to disclose anyone over the age of 17 other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the apartment is repossessed. I have two concerns (1) Is this document specific to the Manchester Building Society conveyancing panel as he did not need to sign this form when we purchased 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 Manchester Building Society .This is solely used to protect the Manchester Building Society 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 Manchester Building Society 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.
Are the lawyers identified as being on the Manchester Building Society conveyancing panel, together with their details provided by Manchester Building Society?
The firms themselves provide us confirmation that they are on the Manchester Building Society conveyancing panel as opposed to being supplied with a list from Manchester Building Society directly.
I am in the process of refinancing my apartment does my lawyer need to be on the Manchester Building Society Conveyancing panel?
There is nothing to stop you using your solicitor but Manchester Building Society will insist on their interests being represented by a firm on their conveyancing panel. There is greater potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.
It is not clear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date . I have called into my local branch Manchester Building Society on numerous occasions and was told they are content with the situation and they would lend. My solicitor - who is on the Manchester Building Society conveyancing panel- telephoned and was told not they would not lend in accordance with their CML Handbook minimum lease term requirements. Who do I believe?
Your lawyer has to follow the CML Handbook Part 2 requirements for Manchester Building Society. Unless your lawyer obtains specific confirmation in writing that Manchester Building Society will go ahead your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask Manchester Building Society to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.
I was told two weeks ago that my mortgage has been agreed
to by Manchester Building Society. Is it usual for Manchester Building Society to only issue the offer once my
solicitor is approved on their conveyancing panel?
Mortgage companies tend not to not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for Manchester Building Society to deal with your lawyers application to be on the Manchester Building Society conveyancing panel. There's no guarantee that your solicitors will be accepted.
At last I have had an offer on an apartment accepted, but there is a chain. The vendors have offered on somewhere, but not been accepted yet, and have viewings of other properties in the pipeline. My conveyancing solicitor has been instructed. What should be my next step? When should I get the mortgage app going with Manchester Building Society?
It is usual to have concerns where there is a chain as you are unlikely to want to be too out of pocket too early (mortgage application is approx £1k, then survey/valuation, conveyancing search costs, etc). First you should check that your solicitor is on the Manchester Building Society conveyancing panel. As to the next stages this very much depends on the circumstances of your case, desire for this property and on the state of the market. In a hot mortgage some buyers would pally for the mortgage with Manchester Building Society and pay for the valuation and only if it comes back ok would they pay their solicitor to press on with searches.