FAQs : The April Mortgages Solicitor Panel from members of the public
Am I correct in assuming that the fact that my solicitor is not isted on the April Mortgages Solicitor panel that there is a problem with the quality of her work?
It would not be wise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The top 3 reasons are as follows: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should simply call the firm and ask them why they are no longer on the approved list for April Mortgages.
Our lawyer has identified a defect with the lease for the flat we are buying. The other side have offered defective title insurance as a solution. We are content with insurance and will cover the costs. Our lawyer has advised that as he is on the April Mortgages conveyancing panel he must ensure that the lender is happy with this solution. Who is the client here, us or April Mortgages?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and April Mortgages are the client. A precondition to being on the April Mortgages approved panel is to comply with the CML Handbook requirements (last updated for this lender on April Mortgages). The CML Handbook conditions require your lawyer to disclose issues such as defects will the lease so that April 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 am searching for competitive conveyancing fees. Can I be sure that all the practices that are identified on your directory are on the April Mortgages conveyancing panel?
The solicitor and licensed conveyancing practices listed on our site have assured us via an online form that they are on the April Mortgages panel and agreed to advise us to take down their listing in the event of removal off of the April Mortgages panel. To date we have not been informed by either a bank or a member of the public that the data about a specific firm being on the April Mortgages conveyancing panel is incorrect.
My solicitors in Leeds have advised me that no longer have my conveyancing file. To assist with my purchase I took out a mortgage with April Mortgages. Is it case that being on the April Mortgages conveyancing panel they need to have retained the file for a number of years?
Different lenders have different requirements but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the April Mortgages Conveyancing Panel Terms. It might be worth you contacting April Mortgages directly.
Do conveyancing lawyers on the April Mortgages conveyancing panel work on a no sale no fee basis?
There is generally no requirements by lenders for their firms to operate on a no-sale-no-fee basis. There a small number of lenders who operate a very restricted conveyancing panel managed by a third party company (often termed in the industry as a ‘gatekeeper’). That third party may impose certain conditions such as non-sale-no fee on the panel firms. If you require this as a condition of your conveyancing then you should check with the conveyancing firm that this is part of their service
Intending to buy a flat with a mortgage with April Mortgages. I have received an online quote from a licensed conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the April Mortgages conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that they are on the April Mortgages conveyancing panel
My ex -wife’s name is on the April Mortgages 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 April Mortgages mortgage in order to sell?
As regards the April Mortgages 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 April Mortgages 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.