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How does my firm apply to be on the Mortgage Express Conveyancing Panel? How can my firm be reinstated onto the Mortgage Express Conveyancing Panel?Find an Approved Solicitor on the Mortgage Express Conveyancing Panel
Mortgage Express (No 2) Conveyancing Panel : Questions and Answers
On what basis could a firm of solicitors be excluded from the Mortgage Express (No 2) approved conveyancing panel?
According to a recent survey report by the solicitors regulator three quarters of solicitor practices had been excluded from a lender panel. The most common reasons in order are :
- lack of transactions
- the lawyer is a sole practitioner
- as part of the HSBC panel reduction
- regulatory contact by SRA
- accidental removal. We are not aware of the specific or common criteria for removal by Mortgage Express (No 2)
My fiance and I changing mortgage lender for our penthouse with Mortgage Express (No 2). We have a son 18 who lives with us. The solicitor on the Mortgage Express (No 2) conveyancing panel has asked us to disclose any adults other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the apartment is repossessed. I have two concerns (1) Is this form unique to the Mortgage Express (No 2) conveyancing panel as he never had to sign this form when we bought 3 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 Mortgage Express (No 2) .This is solely used to protect the Mortgage Express (No 2) 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 Mortgage Express (No 2) 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 have checked your search tool I can't find the lawyer I was hoping to instruct as being on the Mortgage Express (No 2) conveyancing panel. My lawyer has said that they are on the Mortgage Express (No 2) 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 Mortgage Express (No 2) 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 Mortgage Express (No 2) solicitor panel.
Can you clarify what the consequences are if my lawyer’s firm is suspended from the Mortgage Express (No 2) Solicitor panel prior to completion?
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 for a fee.
Are all solicitor firms on the Mortgage Express (No 2) conveyancing panel overseen by the SRA?
As a firm of solicitors, in order to be on the Mortgage Express (No 2) conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. Many lenders do allow licenced conveyancers on their panel in which case such firms would be regulated by the Council of Licensed Conveyancers (CLC).
I previously instructed online solicitors based in Birmingham who are on the Mortgage Express (No 2) solicitor panel. They are now charging me a separate fee of £195 for dealing with the Mortgage Express (No 2) mortgage. Is this a supplemental conveyancing fee set by Mortgage Express (No 2)?
Unfortunately, as long as it is in their Terms and Conditions or Quote then yes your solicitors can charge a fee for this. This fee is not set by Mortgage Express (No 2) but by your lawyers. Some firms on the Mortgage Express (No 2) will charge an ‘acting for lender’ fee but plenty of firms include it on their overall fee.
We expect to receive a DIP from Mortgage Express (No 2) this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc).Do the Mortgage Express (No 2) recommend a solicitor on the Mortgage Express (No 2) conveyancing panel, or is it better to go independently
You will need to appoint solicitors independently although you'll need to choose one on the Mortgage Express (No 2) conveyancing panel. The solicitor represents both you and the Mortgage Express (No 2) through the process.