Bradford & Bingley Solicitor Panel Sample Enquires to our Call Center from members of the public
My property lawyer is not listed on the Bradford & Bingley Approved Panel. Can I still continue with my preferred solicitor even though they are not on the Bradford & Bingley panel?
You will need to have a conveyancer complete the legal work required when you take out a Bradford & Bingley mortgage to buy your property. They’ll carry out all the necessary legal checks on the property, make sure that you’re properly registered as the owner and ensure that all the necessary mortgage documentation is in place. You can instruct a conveyancing firm of your choice. However, if the firm selected is not a member of the Bradford & Bingley conveyancing panel additional costs will be incurred as separate legal representation will be required by Bradford & Bingley. Conveyancing panel applications can be submitted, so if your conveyancer has not previously applied for membership they can do so.
My fiance and I intend to remortgage our apartment with Bradford & Bingley. We have a son 19 who lives with us. The solicitor on the Bradford & Bingley conveyancing panel requested us to identify anyone over the age of 17 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 a couple of questions (1) Is this form unique to the Bradford & Bingley conveyancing panel as he did not need to sign this form when we bought 5 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 Bradford & Bingley .This is solely used to protect the Bradford & Bingley 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 Bradford & Bingley 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 lenders provide you with an approved list of solicitors? How do you know who is on the Bradford & Bingley conveyancing panel?
The firms themselves provide us confirmation that they are on the Bradford & Bingley conveyancing panel as opposed to being supplied with a list from Bradford & Bingley directly.
I am considering applying for a Bradford & Bingley mortgage for purchase of a new build (under development) with 60% loan to value. Is it compulsory to choose a solicitor on the conveyancing panel for Bradford & Bingley?
In theory, you could use a solicitor that is not on Bradford & Bingley conveyancing panel, but Bradford & Bingley 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.
Is it the case that all conveyancing lawyers on the Bradford & Bingley conveyancing panel work on a no move no charge basis?
On the whole there are no requirements by lenders for their firms to operate on a no-sale-no-fee basis. There a small number of lenders who operate a very restricted conveyancing panel managed by a third party company (often termed in the industry as a ‘gatekeeper’). That third party may impose certain conditions such as non-sale-no fee on the panel firms. If you require this as a condition of your conveyancing then you should check with the conveyancing firm that this is part of their package
Are all solicitors on the Bradford & Bingley conveyancing panel regulated by the SRA?
As a firm of solicitors, in order to be on the Bradford & Bingley conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. Many lenders do allow licenced conveyancers on their panel in which case such firms would be regulated by the Council of Licensed Conveyancers (CLC).
I have paid off my mortgage with Bradford & Bingley. I assume I don't need a solicitor on the Bradford & Bingley panel to remove the mortgage at the Land Registry. Please confirm
If you have finished paying off your Bradford & Bingley mortgage they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Bradford & Bingley mortgage from the register. Bradford & Bingley,and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
but are not moving to another property
where the Bradford & Bingley has sent the Land Registry the discharge electronically, and
the Bradford & Bingley has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your Bradford & Bingley mortgage has been paid off.
