FAQs for the Accord Mortgages Solicitor Panel
from members of the public
What is the rationale as to why all solicitors aren't included on the Accord Mortgages Solicitor panel?
Lenders point to the fact that solicitor-led fraud is thought to be responsible for millions of pounds of fraud every year. The removal of law firms off of lender panels started with the rise in mortgage fraud, which prompted a thematic review by the Financial Services Authority in 2011. Its outcome included recommendations for lenders to review their conveyancing panels, which kicked off a major policy change in the sector. It led to banks and building societies purging less reputable firms off their books
Our lawyer has discovered a problem with the lease for the flat we are purchasing. The other side have suggested defective title insurance as a solution. We are content with insurance and will cover the costs. Our solicitor says that as he is on the Accord Mortgages conveyancing panel he must check that the lender is happy with this solution. Are we the client or is Accord Mortgages?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and Accord Mortgages are the client. A precondition to being on the Accord Mortgages approved panel is to comply with the CML Handbook requirements (last updated for this lender on Accord Mortgages). The CML Handbook conditions require your lawyer to disclose issues such as defects will the lease so that Accord Mortgages can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I have been Googling for conveyancing quotes online. Can I be confident that all the law firms that are identified on your website are on the Accord Mortgages conveyancing panel?
The solicitor and licensed conveyancing practices on our directory have advised us that they are on the Accord Mortgages panel and agreed to advise us to take down their listing in the event of removal off of the Accord Mortgages panel. To date we have not been informed by either a lender or a member of the public that the data about a specific firm being on the Accord Mortgages conveyancing panel is not accurate.
Can you clarify what the consequences are if my lawyer’s firm is suspended from the Accord Mortgages Conveyancing panel before the completion date?
The first thing to point out is that, 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 at a cost.
I currently have a mortgage with with Accord Mortgages. Conveyancing was finalised months ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Accord Mortgages?
Accord Mortgages must be informed of your intention prior to renting your property as this is likely to be a breach of Accord Mortgages’s mortgage conditions. It may be that Accord Mortgages will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Accord Mortgages directly. It should not be necessary to do this via a Accord Mortgages conveyancing panel firm.
My offer was accepted on a house on the 20th February 2014, valuation was booked 3 days later, received a clean bill of health. Property lawyer instructed, so all that was missing was my mortgage offer. Having made daily calls to Accord Mortgages and chasing them on my offer I have now been told that my offer will not be issued unless the lawyer is on the Accord Mortgages conveyancing panel. Can the lender hold off the offer?
A lender would not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Accord Mortgages to deal with your lawyers application to be on the Accord Mortgages conveyancing panel. There's no guarantee that your solicitors will be accepted.
After shopping around on the internet I have found a solicitor having made sure that they are on the Accord Mortgages conveyancing panel. Does my lawyer arrange the survey of the property?
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I've read lots of house buying,I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my solicitor - who is on the Accord Mortgages conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Accord Mortgages will need an independent valuation of the property. Your lawyer will not arrange this. Usually Accord 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.
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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 Accord Mortgages you could contact your them to see if they have a list of approved surveyors.