Clydesdale Bank Solicitor Panel Sample Enquires to our Call Center
from members of the public
My husband and I are FTBs. Within the last couple of days our conveyancer has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Clydesdale Bank have this afternoon contacted us to advise us that they have now hit a problem as our conveyancer is not on their approved list of lawyers. What do we do from here?
If you are buying a property with the assistance of a mortgage it is usual for the purchaser's solicitors to also act for the purchaser's lender.
In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme.
Your property lawyers should contact Clydesdale Bank and see if they can apply for membership of the Clydesdale Bank conveyancing panel, but if that is not viable Clydesdale Bank will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the Clydesdale Bank conveyancing panel and you may continue to use your own solicitors, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.
My fiance and I changing mortgage lender for our flat with Clydesdale Bank. We have a son 18 who lives with us. The solicitor on the Clydesdale Bank conveyancing panel requested us to identify any adults 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 flat is forfeited by the lender. I have two concerns (1) Is this form unique to the Clydesdale Bank conveyancing panel as he did not need to sign this form when we bought 5 years ago (2) Does our son by signing this giving up his rights 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 Clydesdale Bank .This is solely used to protect the Clydesdale Bank 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 Clydesdale Bank 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 all the licensed conveyancers and solicitor practices listed on your search have online case tracking as I understood that this was a condition of being on the Clydesdale Bank conveyancing panel?
The Council of Mortgage Lenders or BSA do not require online case tracking. Some law firms operate such technology and some don't.
We're in Birmingham, First time buyers purchasing with a mortgage (lender is Clydesdale Bank , but our lawyer is on the Clydesdale Bank conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Clydesdale Bank conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer should guarantee a time-frame for your conveyancing due to third parties outside of our control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain
I previously instructed online solicitors located in London who are on the Clydesdale Bank solicitor panel. They are now charging me a separate fee of £150 for the legal aspects of the Clydesdale Bank mortgage. Is this a supplemental conveyancing fee set by Clydesdale Bank?
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 Clydesdale Bank but by your lawyers. Some firms on the Clydesdale Bank will charge an ‘acting for lender’ fee but plenty of firms include it on their overall fee.
I was told four weeks ago that my mortgage has been agreed
to by Clydesdale Bank. Is it usual for Clydesdale Bank to only issue the offer once my
solicitor is approved on their conveyancing panel?
A lender would not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Clydesdale Bank to deal with your lawyers application to be on the Clydesdale Bank conveyancing panel. There's no guarantee that your solicitors will be accepted.
My ex -wife’s name is on the Clydesdale Bank 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 Clydesdale Bank mortgage in order to sell?
In terms of the Clydesdale Bank 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 Clydesdale Bank 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.
