FAQs for the Halifax Conveyancing Panel from members of the public
I instructed a law firm to conveyancing on my house purchase 4 weeks ago having applied for a mortgage with Halifax. The firm reassured me that they are on Halifax conveyancing panel and gave me their panel number. Halifax then called me to say that their panel number was dormant and would need to be reactivated. What happens next? Do I instruct a different law firm listed on the conveyancing panel for Halifax?
You may be very frustrated with the lawyer but if it only go take a few more days they it may be worth waiting as, depending on how far progressed you are you may end up delaying the transaction by a number of weeks if you need to replace your solicitor You may wish to enlist the help of your broker to check with the Halifax as to how long they think it will take to get the firm to get back on the panel.
We are nearing an exchange and my parents having transferred the 10% deposit to my lawyer. I am now advised that as the deposit has not come from me my lawyer needs to make a notification to my lender Halifax. Apparently, being on the Halifax conveyancing panel and acting on their behalf he must inform Halifax if the balance of the mortgage advance is not just from me. I informed the bank about my parent’s contribution when I applied for the home loan so is it really necessary for him to raise this?
Your lawyer is obliged to check with Halifax 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 Halifax if you agree, failing which, your lawyer must cease to continue acting.
Do lenders provide you with an approved list of solicitors? How do you know who is on the Halifax conveyancing panel?
The firms themselves provide us confirmation that they are on the Halifax conveyancing panel as opposed to being supplied with a list from Halifax directly.
We're in London, FTBs buying with a mortgage (lender is Halifax , but our solicitor is on the Halifax conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Halifax 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
I have a mortgage with Halifax. Conveyancing has been completed months ago. Should I wish to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Halifax?
You must advise Halifax prior to letting out your property as this is likely to be a breach of Halifax’s mortgage conditions. It may be that Halifax 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 Halifax directly. It should not be necessary to do this via a Halifax conveyancing panel lawyer.
I can not work out if my mortgage offer requires a lease extension . I have called Halifax on numerous occasions and was told they are content with the situation and they would lend. My solicitor - who is on the Halifax conveyancing panel- telephoned and was told not they would not lend in accordance with their CML Handbook minimum lease term requirements. Who do I believe?
Your lawyer has to follow the CML Handbook Part 2 requirements for Halifax. Unless your lawyer obtains specific confirmation in writing that Halifax 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 Halifax to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.
My ex -wife’s name is on the Halifax 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 Halifax mortgage in order to sell?
As regards the Halifax 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 Halifax 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.