Frequently asked questions relating to the RBS- First Active Conveyancing Panel
from members of the public
A solicitor I had intended to instruct on a remortgage said he will levy higher legal fees if my mortgage is with RBS- First Active due to their unusual legal requirements. Am I likely to be frustrated using RBS- First Active? Is RBS- First Active conveyancing so much more difficult?
RBS- First Active conveyancing requirements for their panel are no better or no more complicated than most lenders.
It is the case now the CML Handbook, the "bible" used by solicitors to establish lender requirements, is different for each lender.
It is not clear if your lawyer is on the RBS- First Active conveyancing panel. If they are not, this does add further risk of delay as RBS- First Active will appoint their own solicitors to look after their interest.
Our solicitor has identified a defect with the lease for the apartment we are purchasing. The seller’s lawyers have offered title insurance as a workaround. We are content with insurance and will cover the costs. Our lawyer has advised that as he is on the RBS- First Active conveyancing panel he must be satisfied that the lender is happy with this solution. Are we the client or is RBS- First Active?
Just because you have a mortgage offer from RBS- First Active does not mean to say that the property will be meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the CML Handbook Requirements. You and RBS- First Active are the client. The appropriate lender requirements must be adhered to by the RBS- First Active conveyancing panel who has to balance acting for you and RBS- First Active
What tools are available to search for a local solicitor on the RBS- First Active conveyancing panel? I have a car and am prepared to travel up to 20 kilometers to meet the solicitor.
Feel free to make use of the find a conveyancing panel tool on this website. Please choose the lender and your location and you will see a number of lawyer located nearest you. Alternatively you can type in the name of your proposed law firm and see if they are listed as being on the RBS- First Active solicitor panel.
I was supposed to move into my dream home two days ago. My solicitor is on the RBS- First Active conveyancing panel but has moved offices in the past couple of months and had not advised RBS- First Active of their new address. RBS- First Active is now refusing to release my funds as the information from the solicitors isn't correct.
This is a rare situation indeed. Most lender Terms of Conveyancing Panel Appointment specifically oblige the solicitor to inform the lender of an address change. Your solicitor needs to treat this with the utmost urgency. Do speak with or register your concern with the senior partner (assuming he or she is not your direct lawyer). Most lenders would be reasonable in this situation and expedite the resolution of this issue. It may be prudent to enlist the help of your local RBS- First Active branch or your mortgage broker to see if they can assist.
We have had an offer accepted on a house I spoke to a solicitor recommended by my brother and he suggested instructing a property lawyers approved by RBS- First Active. The estate agent recommended two local firms so I asked RBS- First Active if the 2 suggested solicitors are approved, which they are not. RBS- First Active pointed out that either firm can fill out the appropriate forms to become approved. Do I (1) save myself the aggravation and use one of RBS- First Active 's conveyancing panel solicitors (2) Use the local solicitor and accept there may be delays etc as they go through the approval process.
Enquire of RBS- First Active for conveyancing panel firms in your area. Lenders have them all over the country. You can also use our search tool at the top of this page to search for a lawyer on the RBS- First Active conveyancing panel based on location. If you particularly like the sound of one of the local lawyers that you have spoken to ask them if they would go onto RBS- First Active conveyancing panel as it may only take about 2-3 weeks. As long as they meet RBS- First Active’s requirements it can be a very simple job for the solicitor. Other stuff will be going on in parallel (as you are at an early stage) so it may not delay matters.
I have a mortgage with RBS- First Active. My father retired last week and wants to pay off the mortgage left on the property. After RBS- First Active is paid, I want to transfer the property to my mother's name; How long will it roughly take? Do we need two separate solicitors on the RBS- First Active conveyancing panel? I do not intend to live at the property once the RBS- First Active mortgage is discharged.
You
will need a solicitor but they need not be on the RBS- First Active conveyancing panel.
You will need a solicitor to draw up the transfer and
to deal with the Land Registry formalities. The only thing you need to
consider is that by selling at an undervalue so ask your lawyer about
the implications. There could be an inheritance tax issue if you die
within 7 years of this. There's no capital gains tax for you as it is
your main residence.
At last I have had an offer on an apartment accepted, but there is a chain. The vendors have offered on somewhere, but not been accepted yet, and have viewings of other properties booked. My conveyancing solicitor has been instructed. What should be my next step? When should I get the mortgage app going with RBS- First Active?
It is usual to have concerns where there is a chain as you are unlikely to want to be too out of pocket too early (mortgage application is approx £1k, then survey/valuation, conveyancing search costs, etc). First you should check that your solicitor is on the RBS- First Active conveyancing panel. As to the next stages this very much depends on the circumstances of your case, desire for this property and on the state of the market. In a hot mortgage some buyers would pally for the mortgage with RBS- First Active and pay for the valuation and only if it comes back ok would they pay their solicitor to press on with searches.