Q and A’s regarding the Hampden Conveyancing Panel from members of the public
Is there a reason why all solicitors are not on the Hampden Solicitor panel?
Lenders point to the fact that solicitor-led fraud is thought to be responsible for millions of pounds of fraud every year. The removal of law firms off of lender panels started with the rise in mortgage fraud, which prompted a thematic review by the Financial Services Authority in 2011. Its outcome included recommendations for lenders to review their conveyancing panels, which kicked off a major policy change in the sector. It led to banks and building societies purging less reputable firms off their books
Our solicitor has uncovered a problem with the lease for the apartment we are purchasing. The seller’s lawyers have suggested title insurance as a workaround. We are happy with insurance and will pay for it. Our lawyer says that as he is on the Hampden conveyancing panel he must ensure that the lender is happy with this solution. Who is the client here, us or Hampden?
Just because you have a mortgage offer from Hampden 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 Hampden are the client. These conveyancing instructions must be adhered to by the Hampden conveyancing panel who has to balance acting for you and Hampden
Do all the licensed conveyancers and solicitor practices listed on your search have online case tracking as I understood that this was a condition of being on the Hampden solicitor panel?
The Council of Mortgage Lenders or BSA do not require online case tracking. Some law firms operate such technology and some don't.
I am mortgaging my property does my lawyer have to be on the Hampden Conveyancing panel?
There is nothing to stop you using your solicitor but Hampden will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.
Can you point me to a directory of Hampden panel solicitors on the Building Society Association’s Website?
No. There is no such tool on the Council of Mortgage Lenders or Building Society Association websites. Very few lenders make their panel listings available online.
Completion of my remortgage has taken place with a mortgage from Hampden. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about Hampden. How does one go about formally complaining?
Almost all banks and building societies have complaints procedures. Your first point of contact should be one of the Hampden branches or the Customer Services Team at Hampden head office. Ordinarily complaints to Hampden are resolved effectively and efficiently. If you feel that the matter is not resolved you can write to the
Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
My ex -wife’s name is on the Hampden 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 Hampden mortgage in order to sell?
As regards the Hampden 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 Hampden 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.