Frequently asked questions relating to the Coutts & Co Solicitor Panel
from members of the public
What is the rationale as to why all solicitors aren't included on the Coutts & Co Conveyancing panel?
Pre- 2008 most lenders had an appetite for risk which was higher than today. The Financial Services Authority in 2010 conducted a thematic review into mortgage fraud which concluded: know the conveyancing solicitors that you are dealing with. Consequently, lenders have regularly sought more information from law firms about their operations and the individuals who work for them and set certain criteria such a completing on a minimum number of transactions. Many firms that have been excluded from lender panels have 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Such firms were never going to meet the criteria of volume of transactions the lenders required.
My solicitor has uncovered a discrepancy when comparing the information in Coutts & Co’s valuation survey and what is revealed within the conveyancing documents. My solicitor says that as he is on the Coutts & Co conveyancing panel he is duty bound to ensure that the bank is happy with this discrepancy and is still content to lend. Is my conveyancer’s approach appropriate?
A precondition to being on the Coutts & Co approved panel is to comply with the CML Handbook requirements (last updated for this lender on Coutts & Co) which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
I note that you have a search directory listing firms on the Coutts & Co conveyancing panel. Do firms pay you a commission if I retain them for my own house purchase?
We are a listing service only for law firms wishing to communicate if they are on the Coutts & Co conveyancing panel or other lender panels. We do not charge referral fees to the any conveyancer that you subsequently appoint.
My conveyancers in London have advised me that they can not locate my conveyancing file. To assist with my purchase I took out a mortgage with Coutts & Co. Is it case that being on the Coutts & Co 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 Coutts & Co Conveyancing Panel Terms. It might be worth you contacting Coutts & Co directly.
In what circumstances might Coutts & Co amend or withdraw their mortgage offer?
Lenders such as Coutts & Co can revoke their mortgage offer although this rarely happens. In the unlikely event that Coutts & Co 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:
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Where information comes to Coutts & Co ‘s attention regarding the customers or the security that they were not aware of prior to offer that affects their original decision to lend
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If the financial circumstances of the borrower have changed to the detriment and the Coutts & Co has been notified
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A cashback to the buyer, or | part of the price includes a non-cash incentive to the buyer (eg paid stamp duty land tax),or | any indirect incentive (cash or non cash) or rental guarantee, of which the lender was previously unaware
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Where the purchase price and borrowers direct contribution differ to details on the mortgage application form completed by the borrower
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Where to proceed with the Mortgage offer would be unlawful
I'm in the throws of viewing 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 home loan with Coutts & Co
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 Coutts & Co , make sure you remember to check that your lawyer is on the Coutts & Co conveyancing panel.
I am currently in the process of buying my council flat. I have a mortgage offer with Coutts & Co. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event if you are getting a mortgage with Coutts & Co you will need to appoint a solicitor on the Coutts & Co conveyancing panel.