Birmingham Bank Conveyancing Panel : Questions and Answers from members of the public
I have just been informed by my mortgage adviser that my solicitor is not on the Birmingham Bank Solicitor panel. How can I be sure that this is correct?
The first thing you need to do is to contact your lawyer directly. You lawyer should advise you what has happened. If they are not on the panel they may recommend you to a firm that is on the conveyancing panel for Birmingham Bank.
We are approaching an exchange and my parents having transferred the 10% deposit to my lawyer. I am now advised that as the deposit has not come from me my lawyer needs to make a notification to my lender Birmingham Bank. Apparently, being on the Birmingham Bank conveyancing panel and acting on their behalf he must inform Birmingham Bank if the balance of the mortgage advance is not just from me. I advised the bank about my parent’s contribution when I applied for the home loan so is it really necessary for him to raise this?
Your lawyer is obliged to check with Birmingham Bank to make sure that they are aware that the balance of the purchase price is not from your own funds. Your solicitor can only report this to Birmingham Bank if you agree, failing which, your lawyer must cease to continue acting.
I am looking to buy a property and require a conveyancing solicitor in London who is on the Birmingham Bank solicitor. Could you point me in the right direction as regards a solicitor?
Our service is a directory service for firms who wish to be listed as being on the approved conveyancing panel for Birmingham Bank . We don’t recommend any particular firm.
My aunt passed away last year and as sole heir and executor was left the property. The house had a small mortgage remaining of approximately £5k. I want to transfer the title deeds into my name whilst I re-mortgage to Birmingham Bank , pay off the mortgage etc. Is this possible?
If you intend to re-mortgage then Birmingham Bank will insist on your using a conveyancer on the Birmingham Bank conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Birmingham Bank conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Birmingham Bank mortgage is registered as a charge at the Land Registry.
I have not been happy with the level or service received from my lawyer. Is there a Birmingham Bank conveyancing panel complaints department or do I complain directly to the law firm?
There is little point in complaining directly to Birmingham Bank. Every solicitor firm and conveyancer must have a complaints procedure. You can get information from the solicitor’s or conveyancer’s website or ask at their office. They must tell you about it if you ask.
The Legal Ombudsman will make sure that your complaint is addressed by the solicitor. It can also advise you how to complain.
If a licensed conveyancer does not have a complaints procedure or will not tell you about it, contact the Council for Licensed Conveyancers (CLC), which will make sure that your complaint is properly dealt with by the conveyancer. Please see below for more information.
I can not work out if my mortgage offer requires a lease extension . I have called Birmingham Bank on numerous occasions and was told they are content with the situation and they would lend. My solicitor - who is on the Birmingham Bank conveyancing panel- telephoned and was told not they would not lend in accordance with their CML Handbook minimum lease term requirements. Who do I believe?
Your lawyer has to follow the CML Handbook Part 2 requirements for Birmingham Bank. Unless your lawyer obtains specific confirmation in writing that Birmingham Bank will go ahead your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask Birmingham Bank to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.
My ex -wife’s name is on the Birmingham 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 Birmingham Bank mortgage in order to sell?
As regards the Birmingham 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 Birmingham 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.