HSBC Conveyancing Panel : Questions and Answers
from members of the public
I appointed a solicitor to conveyancing on my house purchase 4 weeks ago having applied for a mortgage with HSBC. The solicitors assured me that they are on HSBC conveyancing panel and provided me their panel reference. HSBC then told me that their panel number was dormant and would need to be reactivated. What happens next? Should I appoint a new solicitor currently on the approved panel for HSBC?
The answer depends on whether you still have confidence in the said solicitors and how long it will take for the firm to be reinstated on the HSBC conveyancing panel You may wish to enlist the help of your broker to check with the HSBC as to how long they think it will take to get the firm to get back on the panel.
My fiance and I changing mortgage lender for our apartment with HSBC. We have a son 19 who lives with us. The solicitor on the HSBC conveyancing panel has asked us to disclose anyone over the age of 17 other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the flat is forfeited by the lender. I have two concerns (1) Is this form unique to the HSBC conveyancing panel as he did not need to sign this form when we purchased 5 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to HSBC .This is solely used to protect the HSBC if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave.
It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of HSBC had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
Do all mortgage companies provide you with an approved list of solicitors? How do you know who is on the HSBC conveyancing panel?
The law firm practices themselves provide us confirmation that they are on the HSBC conveyancing panel as opposed to being supplied with a list from HSBC directly.
I am selling my house. Does my solicitor have to be on the HSBC conveyancing panel in order to deal with paying off my mortgage?
Ordinarily, even if your lawyer is not on the HSBC conveyancing panel they can still act for you on your sale. it might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently at the moment.
Are all Conveyancing Quality Solicitors on the HSBC conveyancing panel?
It is true that some lenders now use CQS as the starting point for Panel membership such as HSBC and Santander. CQS accreditation however is no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for firms wishing to join their panels.
Do the majority of banks 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 HSBC conveyancing panel requirements are different to HSBC’s conveyancing panel requirements.
We are getting a further advance on our mortgage from HSBC as we wish to carry out a loft conversion to our home. Do we need to appoint a solicitor on the HSBC conveyancing panel to deal with the legals?
HSBC do not ordinarily instruct a member of their conveyancing panel to deal with such a matter. If they did require any legal work then you would need to ensure that such a lawyer was on the HSBC list