Hodge Life Conveyancing Panel : Questions and Answers from members of the public
I am progressing with the sale of my maisonette and the estate agent has just e-mailed to say that the purchasers are swapping law firm. The excuse is that Hodge Life will only engage with solicitors on their conveyancing panel. On what basis would a leading lender only deal with certain lawyers?
Banks have always had an approved set of law firms they are willing to work with, but in the past few years big names such as Santander, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 15 years.
Lenders blame a rise in fraud by way of justification 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.
Please help. My conveyancer is advising me that he is legally obliged to apply for a Local Authority search because the firm are on the Hodge Life approved lawyer panel. Is this really necessary?
Unfortunately both you and your lawyer have little choice here. As you are taking a mortgage with Hodge Life your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of Hodge Life’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements last updated Hodge Life. even if you were a cash buyer you would be ill advised not to carry out a local authority search.
Is it necessary during the course of the conveyancing process to attend the offices of the Hodge Life conveyancing panel solicitor to execute the mortgage deed? If so, I will choose one who does conveyancing in Newcastle
so that I can attend their offices when needed.
Whereas this was necessary 15 years ago, most lenders no longer require their conveyancing panel solicitor to witness the borrowers signature. You will still be obliged to provide ID Documents and there are still distinct advantages to using a local solicitor, in your case a conveyancing solicitor in Newcastle
.
We're in Wales, First time buyers purchasing with a mortgage (lender is Hodge Life , but our lawyer is on the Hodge Life conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Hodge Life 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
Is the case that all CQS (Conveyancing Quality Scheme) solicitors on the Hodge Life conveyancing panel?
Some major lenders now use the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to remain on their approved list of conveyancing solicitors.
We have had an offer accepted on a flat I spoke to a conveyancer recommended by my uncle and he advised retaining a property lawyers approved by Hodge Life. The estate agent recommended two local firms so I asked Hodge Life if the 2 suggested solicitors are approved, which they are not. Hodge Life suggested that either practice can fill out the appropriate forms to become approved. Do I (1) save myself the aggravation and use one of Hodge Life 's conveyancing panel solicitors (2) Use the local solicitor and accept there may be delays etc as they go through the approval process.
Ask Hodge Life to suggest a law firm in your location. Most banks have lawyers on their panel throughout the UK. You can also use our search tool at the top of this page to search for a lawyer on the Hodge Life 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 Hodge Life conveyancing panel as it may only take about 2-3 weeks. As long as they meet Hodge Life’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.
My ex -wife’s name is on the Hodge Life 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 Hodge Life mortgage in order to sell?
As regards the Hodge Life 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 Hodge Life 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.