RBS- First Active Solicitor Panel Recently Asked Questions from members of the public
I appointed a solicitor to work on my remortgage 5 weeks ago having applied for a mortgage with RBS- First Active. The firm assured me that they are on RBS- First Active conveyancing panel and gave me their panel reference. RBS- First Active then told me that their panel number was dormant and would need to be reactivated. What happens next? Should I appoint a new solicitor currently on the approved panel for RBS- First Active?
The answer depends on whether you still have confidence in the said solicitors and how long it will take for the firm to be reinstated on the RBS- First Active conveyancing panel You may wish to enlist the help of your broker to check with the RBS- First Active as to the time frame to get your lawyer reinstated on the panel once again.
My solicitor has requested from me identification documents saying that this is part of his legal duty as a solicitor on the RBS- First Active Solicitor panel. This is news to me - can I refuse?
Anti-terror and anti-money-laundering rules require solicitors and licensed conveyancers to verify the identity of the person or body they are dealing with before they can accept their conveyancing business. The Client Care letter that you need to sign will no doubt confirm this. Your lawyer is right that RBS- First Active also require certain documents to be viewed. If a you refuse to provide ID verification documents, your conveyancer would not be able to accept instructions from you. Your lawyer also has obligations to obtain certain documents in accordance with RBS- First Active CML Handbook requirements last updated on RBS- First Active
I see that you have a post code search directory listing solicitors on the RBS- First Active conveyancing panel. Do firms pay you a commission if I instruct them for my conveyancing?
We are a listing service only for law firms wishing to communicate if they are on the RBS- First Active conveyancing panel or other lender panels. We do not charge referral fees to the any conveyancer that you subsequently appoint.
We're in London, FTBs buying with a mortgage (lender is RBS- First Active , but our lawyer is on the RBS- First Active conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the RBS- First Active 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
Is it the case that all conveyancing lawyers on the RBS- First Active conveyancing panel work on a no sale no fee basis?
On the whole there are 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 have paid off my mortgage with RBS- First Active. I assume I don't need a solicitor on the RBS- First Active panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your RBS- First Active 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 RBS- First Active mortgage from the register. RBS- First Active,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 RBS- First Active has sent the Land Registry the discharge electronically, and
the RBS- First Active has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your RBS- First Active mortgage has been paid off.
I have instructed a lawyer having made sure that they are on the RBS- First Active conveyancing panel. Does my lawyer arrange the survey of the property?
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I've digested plenty of mortgage guides,I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my solicitor - who is on the RBS- First Active conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
RBS- First Active will need an independent valuation of the property. Your lawyer will not arrange this. Usually RBS- First Active will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey.
You may wish to consider appointing your own surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
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Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by postcode. As you are getting a mortgage with RBS- First Active you could contact your them to see if they have a list of approved surveyors.