Find an Approved Solicitor on the The Mortgage Works
Frequently asked questions relating to the The Mortgage Works Solicitor Panel
My wife and I are FTBs. Within the last couple of days our conveyancer has forwarded the sale agreement to sign with a detailed report in anticipation of exchanging contracts shortly. The Mortgage Works have this evening contacted us to advise us 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 Accreditation Scheme.
Your solicitors should contact The Mortgage Works and see if they can apply for membership of the The Mortgage Works conveyancing panel, but if that is not viable The Mortgage Works will instruct their own lawyers to represent them. You don't have to instruct a firm on the The Mortgage Works conveyancing panel and you may continue to use your own solicitors, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.
Much to my surprise my conveyancer is asking me for identification documents saying that this forms part of his obligations as a solicitor on the The Mortgage Works Conveyancing panel. This is news to me - can I refuse?
Anti-terror and anti-money-laundering rules require solicitors and licensed conveyancers to verify the identity of the person or body they are dealing with before they can accept their conveyancing business. The Terms and Conditions that you need to sign will no doubt confirm this. Your lawyer is right that The Mortgage Works also require certain documents to be viewed. If a you refuse to provide ID verification documents, your conveyancer would not be able to accept instructions from you. Your lawyer also has obligations to obtain certain documents in accordance with The Mortgage Works CML Handbook requirements last updated on The Mortgage Works
What tools are available to search for a local solicitor on the The Mortgage Works conveyancing panel? I have a car and am prepared to travel up to 10 kilometers to meet the solicitor.
You can use the find a conveyancing panel search 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 The Mortgage Works solicitor panel.
I am selling my house. Does my solicitor have to be on the The Mortgage Works conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the The Mortgage Works conveyancing panel they can still act for you on your sale. it might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently at the moment.
Do the majority of banks operate their own panel of solicitors?
Many lenders do operate a restricted conveyancing panel but a lot of lenders allow any solicitors to join their panel so long as they meet their criteria. Each lender sets their own criteria. For example the The Mortgage Works conveyancing panel requirements are different to The Mortgage Works’s conveyancing panel requirements.
I have decided to exercise my right to buy my property off the council. I have a mortgage offer with The Mortgage Works. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event if you are getting a mortgage with The Mortgage Works you will need to appoint a solicitor on the The Mortgage Works conveyancing panel.
After shopping around on the internet I have found a solicitor having made sure that they are on the The Mortgage Works 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 The Mortgage Works conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
The Mortgage Works will need an independent valuation of the property. Your lawyer will not arrange this. Usually The Mortgage Works 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 The Mortgage Works you could contact your them to see if they have a list of approved surveyors.