Frequently asked questions relating to the Birmingham Midshires Solicitor Panel from members of the public
I am selling my apartment and the EA has just called to advise that the purchasers are swapping property lawyer. The reason given is that Birmingham Midshires will only deal with solicitors on their conveyancing panel. On what basis would a big named lender only deal with certain law firms?
Banks have always had an approved set of law firms they are willing to work with, but in the past few years big names such as Santander, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 25 years.
Banks blame a rise in fraud by way of justification for the cull – criteria have been tightened and a smaller panel should be easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels, or have other concerns about them. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyer’s case. Your purchasers are unlikely to have any sway in the decision.
I am due to move into my new home next Monday. My conveyancing lawyer has asked me to provide him with a copy of the building insurance for the house as as he informs me that he is duty bound to validate that it is in order for Birmingham Midshires. What does the insurance need to cover?
Any lawyer on the Birmingham Midshires conveyancing panel would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in Birmingham Midshires’s Part 2 requirements of the CML Handbook (last updated on Birmingham Midshires). Being on the Birmingham Midshires conveyancing panel your lawyer is expect to follow these instructions.
I see that you have a search directory identifying solicitors on the Birmingham Midshires conveyancing panel. Do firms pay you a commission if I appoint them for my own house purchase?
We are a listing service only for law firms wishing to communicate if they are on the Birmingham Midshires conveyancing panel or other lender panels. We do not charge referral fees to the any conveyancer that you subsequently appoint.
My grandmother passed away 10 months ago and as sole heir and executor was left the house. The house had a small mortgage left on it of around £5k. I want to transfer the title deeds into my name whilst I re-mortgage to Birmingham Midshires , pay off the mortgage etc. Is this allowed?
If you intend to re-mortgage then Birmingham Midshires will insist on your using a conveyancer on the Birmingham Midshires 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 Midshires 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 Midshires mortgage is registered as a charge at the Land Registry.
I am buying a property where the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Birmingham Midshires be concerned
As your lender is Birmingham Midshires your lawyer must to check the Birmingham Midshires conveyancing instructions contained in the Part of CML Handbook for Birmingham Midshires . The CML Handbook contains minimum requirements for solar panel roof-space leases, and solicitors are required to report to Birmingham Midshires where a lease does not meet these requirements. The requirements relate to the installation of panels on properties in England and Wales. The CML are developing guidance for Northern Ireland and Scotland.
My husband and I are spending time looking at houses and am about to put in an offer. Is it premature to have a solicitor in place? I I am planning to take a mortgage with Birmingham Midshires
It would be sensible to have your start your search soon rather than later. 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 EA. 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.
My ex -wife’s name is on the Birmingham Midshires 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 Midshires mortgage in order to sell?
In terms of the Birmingham Midshires 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 Midshires 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.