FAQs for the Capital Home Loans Solicitor Panel
from members of the public
My fiance and I are purchasing a 3 bedroom flat in Newcastle with a mortgage from Capital Home Loans. We have a lawyer but Capital Home Loans says she’s not on their "panel". It seems we have little choice but to instruct one of the Capital Home Loans panel firms or keep our solicitor and pay for one of their panel ones to represent them. This seems very unfair; Can we not simply insist that Capital Home Loans 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 Capital Home Loans 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. Another option that might be available is for your solicitors to apply to be on the conveyancing panel for Capital Home Loans
Please help. My lawyer is advising me that he is legally obliged to conduct a Local Authority search stemming from the fact that the firm are on the Capital Home Loans conveyancing panel. The searches cost a lot of money. Can this be avoided?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with Capital Home Loans your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of Capital Home Loans’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements last updated Capital Home Loans. even if you were a cash buyer you would be ill advised not to carry out a local authority search.
Is it necessary during the course of the conveyancing process to pop into the offices of the Capital Home Loans conveyancing panel solicitor to execute the legal charge? If so, I will appoint a lawyer who conducts conveyancing in London
so that I can pop in to their offices when needed.
Whereas this was necessary 12 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 London
My conveyancers in London have advised me that no longer have my conveyancing file. At the time of my purchase I took out a mortgage with Capital Home Loans. Is it case that being on the Capital Home Loans conveyancing panel they need to have retained the file for a prescribed period?
Different lenders have different requirements but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the Capital Home Loans Conveyancing Panel Terms. It might be worth you contacting Capital Home Loans directly.
Do conveyancing lawyers on the Capital Home Loans conveyancing panel work on a no sale no fee basis?
There is generally 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
I am selling my house. I had a double glazing fitted in month 2010 but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Capital Home Loans are being a right pain. The solicitor who is on the Capital Home Loans conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Capital Home Loans are requiring a building regulation certificate. Why do Capital Home Loans have a conveyancing panel of they don’t accept advice from them?
It is probably the case that Capital Home Loans have referred the matter to their valuer. The reason why Capital Home Loans may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing correctly and safely installed. It merely protects against enforcement action which is very unlikely anyway.
Next month my fiance and I are buying a terraced house in Hendon. Conveyancing solicitors in Hendon are preferred to begiven the go-ahead. My colleaguesuggested that we double-check that the property lawyer in Hendon is on the Capital Home Loans solicitors panel. Is this right?
A limited percentage of Hendon conveyancing firms are on the Capital Home Loans conveyancing panel. 7 people a month use our search tool to search for a Hendon conveyancing lawyer
on the on the Capital Home Loans panel.