Frequently asked questions relating to the Birmingham Midshires Solicitor Panel
from members of the public
The solicitor my husband and I had intended to instruct on a remortgage said she will levy higher legal fees if my lender is because of their difficult processes! Will I regret using Birmingham Midshires? Is Birmingham Midshires conveyancing so much more difficult?
Birmingham Midshires conveyancing requirements for their panel are no better or no more complicated than most lenders.
It is the case now the CML Handbook, the "bible" used by solicitors to establish lender requirements, is different for each lender.
It is not clear if your lawyer is on the Birmingham Midshires conveyancing panel. If they are not, this does add further risk of delay as Birmingham Midshires will appoint their own solicitors to look after their interest.
My fiance and I intend to remortgage our flat with Birmingham Midshires. We have a son 19 who lives with us. The solicitor on the Birmingham Midshires conveyancing panel has asked us to disclose any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the apartment is repossessed. I have two concerns (1) Is this form unique to the Birmingham Midshires conveyancing panel as he did not need to sign this form when we bought 4 years ago (2) In signing this form is our son in any way compromising his right 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 Midshires .This is solely used to protect the Birmingham Midshires 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 Midshires 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.
Do I have to visit the offices of the Birmingham Midshires conveyancing panel solicitor to execute the legal charge? If so, I will instruct a firm who offer conveyancing in Liverpool
so that I can attend their offices if required.
Whereas this was necessary 15 years ago, most lenders no longer require their conveyancing panel solicitor to witness the borrowers signature. You will still be obliged to provide ID Documents and there are still distinct advantages to using a local solicitor, in your case a conveyancing solicitor in Liverpool
I was supposed to move into my flat two days ago. My lawyer’s firm is on the Birmingham Midshires solicitors panel but has moved offices 8 weeks ago and had not informed Birmingham Midshires of their new address. Birmingham Midshires has locked down the release of mortgage funds until such time as their systems are up to date with the correct details.
This is a rare situation indeed. 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 Birmingham Midshires branch or your mortgage broker to see if they can help.
My wife and I have arranged a further advance on our mortgage from Birmingham Midshires as we wish to carry out a loft conversion to our home. Do we need to appoint a solicitor on the Birmingham Midshires conveyancing panel to deal with the legals?
Birmingham Midshires would not normally appoint firms on their approved list of lawyers to deal with such a matter. If they did require any legal work then you would need to ensure that such a lawyer was on the Birmingham Midshires list
What are the common reasons for a lender such as Birmingham Midshires to withdraw a mortgage offer?
Lenders such as Birmingham Midshires can withdraw their mortgage offer although this is unusual. should Birmingham Midshires withdraw their offer they may or may not inform you or the lawyer as to the reasons why. There are many potential reasons but here are a few examples:
If the financial circumstances of the borrower have changed to the detriment and the Birmingham Midshires has been notified
If the borrower informs Birmingham Midshires of a change in the loan amount agreed
Where the lender has to take account a recent change in taxation
Where the sale is not at arms length for value to unconnected persons
If the lender reasonably suspects that the applicant, borrower, mortgagor or guarantor is involved in any criminal or fraudulent activity, including trading in illegal drugs or other substances, theft, robbery, deception or other serious offences, or if the applicant borrower, mortgagor or guarantor has a conviction for any serious criminal offence, including theft, deception, fraud, robbery or trade in illegal drugs or other substances;
I currently have a mortgage with with Birmingham Midshires. Conveyancing was finalised a year ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Birmingham Midshires?
You must advise Birmingham Midshires prior to renting your property as this is likely to be a breach of Birmingham Midshires’s mortgage conditions. It may be that Birmingham Midshires will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Birmingham Midshires directly. It should not be necessary to do this via a Birmingham Midshires conveyancing panel solicitor.