Examples of recent questions relating to the Birmingham Midshires Conveyancing Panel from members of the public
My fiance and I are buying a 1 bedroom flat in Hackney with a mortgage from Birmingham Midshires. We have a solicitor but Birmingham Midshires says she’s not on their "panel". It seems we have little choice but to instruct one of the Birmingham Midshires panel firms or keep our solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; Can we not simply insist that Birmingham Midshires use our lawyer?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the Birmingham Midshires 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 Birmingham Midshires
Please assist. For no fault of my lawyer but, the conveyancing for my house purchase has been going on for months. The Local Authority Search from Birmingham Midshires was issued random date and we have agreed a date for me to move into the property on 10 days inc Day of week eg. Mon. My lawyer has advised that as she is on the Birmingham Midshires conveyancing panel she needs to reorder the searches as they are no longer acceptable to the lender.
A precondition to being on the Birmingham Midshires approved panel is to comply with the CML Handbook requirements (last updated for this lender on Birmingham Midshires)which states that a local authority search be not more than half a year old. You should nevertheless ask your lawyer to check whether something called ‘search validation’ indemnity insurance is acceptable to Birmingham Midshires.
Whilst your website is a good idea there are many lawyers listed near Hackney on the Birmingham Midshires conveyancing panel. It would be a lot more helpful if you could recommend a specific firm on the conveyancing panel for Birmingham Midshires ?
We are not in the business of recommending one firm above another as the right firm for you depends on where your priorities lie. For example you may require a local firm with local knowledge or you might be looking for the low cost conveyancing. We recommend that you speak to 3 or 4 lawyers listed before you make your choice..
Please explain the implications if my lawyer’s firm is suspended from the Birmingham Midshires Solicitor panel before the moving date as agreed at exchange of contracts?
First, 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 for a fee.
When it comes to mortgage companies such as Birmingham Midshires do lawyers have to be pay a fee to be on the conveyancing panel?
We are not aware of any lender fees to be on their panel although some do charge an administration charge to deal with the processing of the conveyancing panel application.
I had instructed online solicitors based in Birmingham who are on the Birmingham Midshires solicitor panel. They are now charging me a separate fee of £175 for dealing with the Birmingham Midshires mortgage. Is this a supplemental conveyancing fee set by Birmingham Midshires?
Unfortunately, as long as it is in their Terms and Conditions or Quote then yes your solicitors can charge a fee for this. This fee is not set by Birmingham Midshires but by your lawyers. Some firms on the Birmingham Midshires will charge an ‘acting for lender’ fee and others do not.
I'm at the point of looking at apartments and now considering a potential offer. Should I already have a conveyancer appointed at this stage? I I am planning to take a home loan with Birmingham Midshires
You should start obtaining conveyancing quotes from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their details on the the estate agent. As you are getting a mortgage with Birmingham Midshires , ask your prospective lawyers check they are on the Birmingham Midshires conveyancing panel otherwise they can't do the mortgage legal work.