Examples of recent questions relating to the HSBC Conveyancing Panel from members of the public
Is there a reason why all solicitors are not on the HSBC Solicitor panel?
Even though it may seem unfair for HSBC to restrict who can act for them from the public’s or solicitor’s point of view, the other side of the coin is that the lenders are becoming ever more anxious and feel the necessary need to protect them from mortgage fraud and other illegal activities. As a result of this concern HSBC have restricted their panel of approved conveyancing lawyers to a manageable size. The HSBC solicitor panel is not the most exclusive of all lenders
I am buying a newly constructed apartment and my solicitor is informing me that she is duty bound to reveal incentives from the developer as her firm is on the HSBC conveyancing panel. I am under pressure to sign contracts and I would rather not delay deal. Can I insist on an exchange regardless of what my lawyer says about being on the HSBC panel?
You should not exchange unless you have advised to do so by your lawyer. A precondition to being on the HSBC approved panel is to comply with the CML Handbook requirements (last updated for this lender on HSBC). The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Is it necessary during the course of the conveyancing process to pop into the offices of the HSBC conveyancing panel solicitor to execute the legal charge? If so, I will instruct a firm who offer conveyancing in London
so that I can attend their offices if required.
Whereas this was necessary twenty 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 London
.
My aunt passed away 10 months ago and as sole heir and executor was left the house. The house had a small mortgage remaining of approximately £8000. I want to transfer the title deeds into my name whilst I re-mortgage to HSBC , pay off the mortgage etc. Is this allowed?
If you intend to re-mortgage then HSBC will insist on your using a conveyancer on the HSBC conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your HSBC conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the HSBC mortgage is registered as a charge at the Land Registry.
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 paperwork?
HSBC would not normally instruct a member of their approved list of lawyers 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 panel
Why might a lender such as HSBC withdraw a mortgage offer?
Lenders such as HSBC can withdraw their mortgage offer although this rarely happens. In the unlikely event that HSBC withdraw their offer they may or may not inform you or the lawyer as to their reasoning. There are many potential reasons but here are a few examples:
- Where information comes to HSBC ‘s attention regarding the customers or the security that they were not aware of prior to offer that affects their original decision to lend
- Many mortgage offers have an expiry date. Your lawyer should check this. HSBC may amend or withdraw an offer before the end of its validation period if an offer extension is requested and following a re-evaluation of the property the value of the security is below a level which is acceptable to them.
- A cashback to the buyer, or | part of the price includes a non-cash incentive to the buyer (eg paid stamp duty land tax),or | any indirect incentive (cash or non cash) or rental guarantee, of which the lender was previously unaware
- Situations where information provided by the borrower that enabled the lender to make a lending decision is fraudulent, incorrect or misleading.
- If the lender reasonably suspects that the applicant, borrower, mortgagor or guarantor is involved in any criminal or fraudulent activity, including trading in illegal drugs or other substances, theft, robbery, deception or other serious offences, or if the applicant borrower, mortgagor or guarantor has a conviction for any serious criminal offence, including theft, deception, fraud, robbery or trade in illegal drugs or other substances;
