Examples of recent questions relating to the Darlington Building Society Solicitor Panel from members of the public
My fiance and I are buying a 3 bedroom apartment in Leeds with a mortgage from Darlington Building Society. We have a lawyer but Darlington Building Society says he's not on their "panel". We have to appoint one of the Darlington Building Society panel firms or keep our solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the Darlington Building Society 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. A further alternative is for your solicitors to apply to be on the conveyancing panel for Darlington Building Society
We are approaching an exchange and my mum and dad having sent the 10% deposit to my lawyer. I am now advised that as the deposit has not come from me my lawyer needs to disclose this to my lender Darlington Building Society. Apparently, being on the Darlington Building Society conveyancing panel and acting on their behalf he must inform Darlington Building Society if the balance of the mortgage advance is coming from anyone other than me. I advised the bank about my parent’s contribution when I applied for the mortgage so is it really necessary for him to raise this?
Your lawyer is obliged to check with Darlington Building Society to make sure that they are aware that the balance of the purchase price is not from your own funds. Your solicitor can only report this to Darlington Building Society if you agree, failing which, your lawyer must cease to continue acting.
I note that you have a search directory listing law firms on the Darlington Building Society conveyancing panel. Do firms pay you a commission if I retain them for my conveyancing?
We are a listing service only for law firms wishing to communicate if they are on the Darlington Building Society conveyancing panel or other lender panels. We do not charge referral fees to the any conveyancer that you subsequently appoint.
My grandfather passed away 10 months ago and as sole heir and executor was left the property. The house had a relatively small loan left on it of around £5k. I want to have the title changed into my name whilst I re-mortgage to Darlington Building Society , pay off the mortgage etc. Is this allowed?
If you intend to re-mortgage then Darlington Building Society will insist on your using a conveyancer on the Darlington 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 Darlington 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 Darlington Building Society mortgage is registered as a charge at the Land Registry.
Do the majority of banks operate their own panel of solicitors?
Many lenders do operate a restricted conveyancing panel but a lot of lenders allow any solicitors to join their panel so long as they meet their criteria. Each lender sets their own criteria. For example the Darlington Building Society conveyancing panel requirements are different to Darlington Building Society’s conveyancing panel criteria.
I have paid off my mortgage with Darlington Building Society. I assume I don't need a solicitor on the Darlington Building Society panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Darlington Building Society 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 Darlington Building Society mortgage from the register. Darlington Building Society,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 Darlington Building Society has sent the Land Registry the discharge electronically, and
the Darlington Building Society has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your Darlington Building Society mortgage has been paid off.
I currently have a mortgage with with Darlington Building Society. Conveyancing was finalised months ago. In the event that I decide to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Darlington Building Society?
Your original mortgage agreement with Darlington Building Society will provide that you need their approval in advance of letting out your property as this is likely to be a breach of Darlington Building Society’s mortgage conditions. In many cases banks or building societies will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Darlington Building Society directly. It should not be necessary to do this via a Darlington Building Society conveyancing panel solicitor.
