Bank of Ireland Mortgages Solicitor Panel Recently Asked Questions
from members of the public
My husband and I are hoping to buy a 1 bedroom apartment in Hackney with a mortgage from Bank of Ireland Mortgages. We have a solicitor but Bank of Ireland Mortgages says she’s not on their "panel". It seems we have little choice but to instruct one of the Bank of Ireland Mortgages panel solicitors or keep our solicitor and pay for one of their panel ones to represent them. This seems very unfair; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the Bank of Ireland Mortgages conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your lawyer to apply to be on the conveyancing panel for Bank of Ireland Mortgages
My solicitor has discovered a difference between the assumptions in Bank of Ireland Mortgages’s home valuation report and what is revealed within the conveyancing documents. My lawyer informs me that as he is on the Bank of Ireland Mortgages conveyancing panel he must ensure that the bank is happy with this discrepancy and is still content to lend. Is my solicitor’s approach correct?
A precondition to being on the Bank of Ireland Mortgages approved panel is to comply with the CML Handbook requirements (last updated for this lender on Bank of Ireland Mortgages) which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. 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.
Do all the licensed conveyancers and solicitor practices listed on your search have online case tracking as I was under the impression that this was a precondition of being on the Bank of Ireland Mortgages solicitor panel?
The Council of Mortgage Lenders or BSA do not require online case tracking. Some law firms operate such technology and some don't.
I was due to move into my first house last Thursday. My solicitor is on the Bank of Ireland Mortgages solicitors panel but has moved offices in the past couple of months and had not informed Bank of Ireland Mortgages of their new address. Bank of Ireland Mortgages is now refusing to release my funds as the information from the solicitors isn't correct.
This is as unusual as it is unlucky. Most lender Terms of Conveyancing Panel Appointment specifically oblige the solicitor to inform the lender of an address change. Your solicitor needs to treat this with the utmost urgency. Do speak with or register your concern with the senior partner (assuming he or she is not your direct lawyer). Most lenders would be reasonable in this situation and expedite the resolution of this issue. It may be prudent to enlist the help of your local Bank of Ireland Mortgages branch or your mortgage broker to see if they can help.
Is it the case that all conveyancing lawyers on the Bank of Ireland Mortgages conveyancing panel work on a no sale no fee basis?
On the whole there are 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 package
Are all conveyancing solicitors on the Bank of Ireland Mortgages conveyancing panel overseen by the SRA?
As a firm of solicitors, in order to be on the Bank of Ireland Mortgages conveyancing panel they would need to be regulated by the SRA. Many lenders do allow licenced conveyancers on their panel in which case such firms would be regulated by the Council of Licensed Conveyancers (CLC).
Bank of Ireland Mortgages have agreed my mortgage in principle, my offer on house has been accepted, now what?
The estate agent will want to know who your solicitors are (make sure these solicitors are on the lenders panel). Call up Bank of Ireland Mortgages or your broker and complete any relevant paperwork. Bank of Ireland Mortgages will tell you what documents they want. Bank of Ireland Mortgages will instruct a valuer. The valuer will get in touch with the estate agent or seller to book an appointment. Once conducted (assuming no problems) it takes about week to get a mortgage offer. Bank of Ireland Mortgages will issue the offer to you and your lawyer. The transaction will then take it’s course according the nature and complexity of the conveyancing.