Habito Conveyancing Panel Sample Enquires to our Call Center from members of the public
We are buying a 3 bedroom apartment in Leeds with a mortgage from Habito. We have a lawyer but Habito says he's not on their "panel". We have to appoint one of the Habito 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 Habito 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. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for Habito
Our solicitor has identified a legal deficiency with the lease for the apartment we are purchasing. The other side have offered title insurance as a solution. We are happy with insurance and will pay for it. Our solicitor says that as he is on the Habito conveyancing panel he must check that the lender is happy with this solution. Are we the client or is Habito?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and Habito are the client. A precondition to being on the Habito approved panel is to comply with the CML Handbook requirements (last updated for this lender on Habito). The CML Handbook conditions require your lawyer to disclose issues such as defects will the lease so that Habito can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
Whilst your website is a good idea there are many lawyers listed near Leeds on the Habito conveyancing panel. Can you recommend a specific firm on the conveyancing panel for Habito ?
We do not recommend specific firms as the right firm for you depends on where your priorities lie. For example you may require a local firm with local knowledge or you might be looking for the low cost conveyancing. Before you appoint your lawyer we advise you to speak to two or three of the firms listed to gain comfort as to which one is right for you..
I am purchasing a terraced house and getting a mortgage with Habito. Conveyancing solicitors are said to be ‘a necessary evil’ but can I do it myself?
Leaving aside the complexities and merits of DIY conveyancing you will have to appoint a solicitor on the Habito conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to made in you doing to conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on the Habito conveyancing panel in your location.
Do the majority of lenders 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 Habito conveyancing panel requirements are different to Habito’s conveyancing panel criteria.
For 5 years I had a mortgage with Habito. My father retired last week and wants to pay off the mortgage left on the property. After Habito 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 Habito conveyancing panel? I do not intend to live at the property once the Habito mortgage is discharged.
Although you do need to retain the services of a lawyer they dont
need to be on the Habito 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 in the pipeline. My conveyancing solicitor has been instructed. What should be my next step? At what point should I appy for the mortgage with Habito?
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 Habito 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 Habito and pay for the valuation and only if it comes back ok would they pay their solicitor to press on with searches.