Birmingham Bank Conveyancing Panel : Questions and Answers from members of the public
I was advised recently by my mortgage adviser that my property lawyer is not on the Birmingham Bank Solicitor panel. What can I do to be certain that this is indeed the case?
The first thing you need to do is to contact your lawyer directly. You lawyer should advise you of the situation. If they are not on the panel they could put your in touch with solicitors on the the approved Birmingham Bank solicitor panel.
My fiance and I are refinancing our maisonette with Birmingham Bank. We have a son 18 who lives with us. The solicitor on the Birmingham Bank conveyancing panel has asked us to disclose any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the property is forfeited by the lender. I have two concerns (1) Is this document specific to the Birmingham Bank conveyancing panel as he did not need to sign this form when we purchased 4 years ago (2) Does our son by signing this giving up his rights to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Birmingham Bank .This is solely used to protect the Birmingham Bank if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave.
It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Birmingham Bank had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
How up to date is your database of lawyers on the Birmingham Bank conveyancing panel? Do Birmingham Bank send you an updated list?
The law firm practices themselves provide us confirmation that they are on the Birmingham Bank conveyancing panel as opposed to being supplied with a list from Birmingham Bank directly.
I am considering applying for a Birmingham Bank mortgage for purchase of a newly converted (under development) with 70% LTV. Is it compulsory to choose a solicitor on the conveyancing panel for Birmingham Bank?
In theory, you could use a solicitor that is not on Birmingham Bank conveyancing panel, but Birmingham Bank would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.
I was thinking of purchasing my friend’s property. Once we agree a price, what’s the best way to proceed? I plan to obtain a mortgage with Birmingham Bank. Is it possible to avoid using solicitors to save on the costs? My father said that years ago it was possible to take the documents into the local Land Registry office and they did the rest
If you are getting a mortgage with Birmingham Bank involved you will need to appoint a solicitor on the Birmingham Bank conveyancing panel. We would not encourage you to both use the same solicitors' firm. There are clear conflict of interest issues and it's not going to make a huge difference to the speed of the overall process. So as not to hold things us you should pass on your solicitors details to Birmingham Bank. Feel free to use our search tool to look for a licensed conveyancer or solicitor on the Birmingham Bank conveyancing panel.
I have decided to exercise my right to buy my property off the council. I have a mortgage agreed with Birmingham Bank. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have 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 Birmingham Bank you will need to appoint a solicitor on the Birmingham Bank conveyancing panel.
I recently had an offer accepted on a house. My financial adviser pressured me to appoint their lawyers I paid an upfront payment of 150. Soon after the conveyancers contacted me sheepishly admitting that they were not on the Birmingham Bank conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Birmingham Bank panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.