Common questions asked concerning the Cumberland Building Society Conveyancing Panel from members of the public
How easy is it to change a solicitor as I need to find one who is on the Cumberland Building Society conveyancing panel. How easy is it to change conveyancer?
If you haven't yet instructed a solicitor to do anything for you and have just received quotes, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer you're considering.
I do hope you can help me. My lawyer is assuring me that she is duty-bound to order a Local Authority search because the firm are on the Cumberland Building Society conveyancing panel. The searches cost a lot of money. Can this be avoided?
Unfortunately both you and your lawyer have little choice here. As you are taking a mortgage with Cumberland Building Society 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 Cumberland Building Society’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements last updated Cumberland Building Society. even if you were a cash buyer you would be ill advised not to carry out a local authority search.
Do banks and building societies provide you with an approved list of solicitors? How do you know who is on the Cumberland Building Society conveyancing panel?
The law firm practices themselves provide us confirmation that they are on the Cumberland Building Society conveyancing panel as opposed to being supplied with a list from Cumberland Building Society directly.
My uncle passed away last year and as sole heir and executor was left the house. The house had a relatively small loan left on it of around £4500. I want to have the title changed into my name whilst I re-mortgage to Cumberland Building Society , pay off the mortgage etc. Is this allowed?
If you intend to re-mortgage then Cumberland Building Society will insist on your using a conveyancer on the Cumberland Building Society 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 Cumberland Building Society 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 Cumberland Building Society mortgage is registered as a charge at the Land Registry.
It is not clear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date . I have telephoned Cumberland Building Society on various occasions and told it wasn't a problem and they would lend. My solicitor - who is on the Cumberland Building Society conveyancing panel- telephoned and was told not they would not lend in accordance with their CML Handbook minimum lease term requirements. I simply dont know who is right
As long as the conveyancer is on the Cumberland Building Society panel she or he must comply with the CML Handbook requirements for Cumberland Building Society. Unless your lawyer obtains specific confirmation in writing that Cumberland Building Society will go ahead your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask Cumberland Building Society to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.
I was told two weeks ago that my mortgage has been agreed
to by Cumberland Building Society. Is it usual for Cumberland Building Society to only issue the offer once my
solicitor is approved on their conveyancing panel?
Mortgage companies tend not to not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for Cumberland Building Society to deal with your lawyers application to be on the Cumberland Building Society conveyancing panel. There's no guarantee that your solicitors will be accepted.
My ex -wife’s name is on the Cumberland Building Society 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 Cumberland Building Society mortgage in order to sell?
In terms of the Cumberland Building Society 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 Cumberland Building Society 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.
