Frequently asked questions relating to the Hodge Life Solicitor Panel from members of the public
I am selling my maisonette and the estate agent has just telephoned to warn that the buyers are appointing a new property lawyer. I am told that this is due to the fact that Hodge Life will only deal with property lawyers on their approved list. On what basis would a big named mortgage company only engage with certain lawyers?
Banks have always had panels of law firms they are willing to work with, but in the past few years big names such as Lloyds Banking Group, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 25 years.
Banks point to the increase in fraud as the reason for the cull – criteria have been tightened and a smaller panel should be easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels, or have other concerns about them. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyer’s case. Your purchasers are unlikely to have any sway in the decision.
My solicitor has requested from me ID documents stating that this is part of his legal duty as a conveyancer on the Hodge Life Conveyancing panel. Is this right?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offense if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage with Hodge Life your lawyer also has to check ID documents to satisfy Hodge Life
Do all the firms listed on your directory have online case tracking as I understood that this was a condition of being on the Hodge Life conveyancing panel?
The Council of Mortgage Lenders or BSA do not require online case tracking. Some law firms operate such technology and some don't.
My conveyancers in Manchester have advised me that no longer have my conveyancing file. At the time of my purchase I took out a mortgage with Hodge Life. Is it case that being on the Hodge Life conveyancing panel they need to have retained the file for a prescribed period?
It very much depends from lender to lender but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the Hodge Life Conveyancing Panel Terms. It might be worth you contacting Hodge Life directly.
I am currently in the process of buying my council flat. I have a mortgage agreed with Hodge Life. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event if you are getting a mortgage with Hodge Life you will need to appoint a solicitor on the Hodge Life conveyancing panel.
Can I register a complaint to Hodge Life about the lawyers being on the Hodge Life conveyancing panel?
There is little point in complaining directly to Hodge Life. All solicitors and conveyancer must have a complaints procedure. Usually one can find this information from the solicitor’s or conveyancer’s website or ask at their office. They must tell you about it if you ask.
The Legal Ombudsman will make sure that your complaint is properly dealt with by the solicitor. It can also advise you how to complain.
If a licensed conveyancer does not have a complaints procedure or will not tell you about it, contact the Council for Licensed Conveyancers (CLC), which will make sure that your complaint is properly dealt with by the conveyancer. Please see below for more information.
I am due to exchange contracts on my apartment. I had a double glazing fitted in month 2010 but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Hodge Life are being problematic. The solicitor who is on the Hodge Life conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Hodge Life are insisting on a building regulation certificate. Why do Hodge Life have a conveyancing panel of they don’t accept advice from them?
It is probably the case that Hodge Life have referred the matter to their valuer. The reason why Hodge Life may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing correctly and safely installed. It merely protects against enforcement action which is very unlikely anyway.