Find an Approved Solicitor on the Rooftop Mortgages Ltd
Rooftop Mortgages Conveyancing Panel : Questions and Answers
My husband and I are novices when it comes to buying a property. Within the 48 hours our lawyer has sent a preliminary report and documents to look through with a view to exchanging next week. Rooftop Mortgages have this evening contacted us to inform me that they have now hit a problem as our lawyer is not on their approved list of lawyers. What do we do from here?
If you are buying a property with the assistance of a mortgage it is usual for the purchaser's solicitors to also act for the purchaser's lender.
In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme.
Your solicitors should contact Rooftop Mortgages and see if they can apply for membership of the Rooftop Mortgages conveyancing panel, but if that is not viable Rooftop Mortgages will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the Rooftop Mortgages conveyancing panel and you may continue to use your own solicitors, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.
My husband and I intend to remortgage our maisonette with Rooftop Mortgages. We have a son approaching twenty who lives with us. The solicitor on the Rooftop Mortgages conveyancing panel has asked us to disclose anyone over the age of 17 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 property is repossessed. I have a couple of questions (1) Is this document specific to the Rooftop Mortgages conveyancing panel as he never had to sign this form when we purchased 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 Rooftop Mortgages .This is solely used to protect the Rooftop Mortgages 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 Rooftop Mortgages 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 there any apps to help find a local solicitor on the Rooftop Mortgages conveyancing panel? I have a car and am prepared to travel up to 20 miles to meet the solicitor.
Feel free to make use of the find a conveyancing panel tool on this website. Please choose the lender and your location and you will see a number of lawyer located nearest you. Alternatively you can type in the name of your proposed law firm and see if they are listed as being on the Rooftop Mortgages solicitor panel.
Please explain the implications if my lawyer’s firm is expelled from the Rooftop Mortgages Solicitor panel in advance of the moving date as agreed at exchange of contracts?
First, this is a very rare occurrence. 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.
Can I be sure that the solicitor on the Rooftop Mortgages panel is any good?
Getting recommendations is a good start. Before you go ahead check if they offer a no sale no fee offer. Also you often get what you pay for - a firm which quotes more will often provide a better service than one which is cheap as chips. We would always advise that you speak with the solicitor carrying out your conveyancing
My brother and I have had an offer accepted on a apartment I spoke to a conveyancer previously used by my dad and he suggested retaining a property lawyers approved by Rooftop Mortgages. The estate agent recommended two local firms so I asked Rooftop Mortgages if the 2 suggested solicitors are approved, which they are not. Rooftop Mortgages suggested that either practice can fill out the appropriate forms to become approved. Do I (1) save myself the aggravation and use one of Rooftop Mortgages 's conveyancing panel solicitors (2) Use the local solicitor and accept there may be delays etc as they go through the approval process.
Enquire of Rooftop Mortgages for conveyancing panel firms in your area. 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 Rooftop Mortgages 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 Rooftop Mortgages conveyancing panel as it may only take about 2-3 weeks. As long as they meet Rooftop Mortgages’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 instructed a lawyer having checked that they are on the Rooftop Mortgages conveyancing panel. Does my lawyer arrange the survey of the property?
Having digested plenty of house buying,I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my solicitor - who is on the Rooftop Mortgages conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Rooftop Mortgages will need an independent valuation of the property. Your lawyer will not arrange this. Usually Rooftop Mortgages will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey.
You may wish to consider appointing your own surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by postcode. As you are getting a mortgage with Rooftop Mortgages you could contact your them to see if they have a list of approved surveyors.