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I instructed a firm of solicitors to carry out on my remortgage six weeks ago having applied for a mortgage with Sainsburys Bank. The solicitors reassured me that they are on Sainsburys Bank conveyancing panel and gave me their panel reference. Sainsburys Bank then ,via my broker advised that their panel number was dormant and would need to be reactivated. What do I do from here? Do I instruct a different law firm currently on the conveyancing panel for Sainsburys Bank?
The answer depends on whether you still have confidence in the said solicitors and how long it will take for the firm to be reinstated on the Sainsburys Bank conveyancing panel You may wish to enlist the help of your broker to check with the Sainsburys Bank as to the time frame to get your lawyer reinstated on the panel once again.
I do hope you can help me. My lawyer is informing me me that he has to conduct a Local Authority search because the firm are on the Sainsburys Bank solicitor panel. The searches cost a lot of money. Can this be avoided?
Unfortunately both you and your lawyer have little choice here. As you are taking a mortgage with Sainsburys Bank your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of Sainsburys Bank’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements last updated Sainsburys Bank. even if you were a cash buyer you would be ill advised not to carry out a local authority search.
I see that you have a search directory identifying solicitors on the Sainsburys Bank conveyancing panel. Do firms pay you a referral fee if I retain them for my own house purchase?
We are a listing service only for law firms wishing to communicate if they are on the Sainsburys Bank conveyancing panel or other lender panels. We do not charge referral fees to the any conveyancer that you subsequently appoint.
Can you clarify what the consequences are if my lawyer’s firm is removed from the Sainsburys Bank Conveyancing panel prior to 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.
Is the case that all CQS (Conveyancing Quality Scheme) solicitors on the Sainsburys Bank conveyancing panel?
A selection of lenders now use the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. CQS accreditation however is no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for firms wishing to remain on their approved list of firms.
Is there a list of Sainsburys Bank panel conveyancers on the CML Handbook 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.
My ex -wife’s name is on the Sainsburys Bank 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 Sainsburys Bank mortgage in order to sell?
In terms of the Sainsburys Bank 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 Sainsburys Bank 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.
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Transfer of Equity for Sainsburys BankPlease note that Lexsure Ltd is in no way associated with nor affiliated with Lexsure Solicitors