Common questions asked concerning the ITL Mortgages Solicitor Panel
from members of the public
My fiance and I are hoping to buy a 1 bedroom flat in Hackney with a mortgage from ITL Mortgages. We would like to retain our solicitor but ITL Mortgages says he's not on their "panel". We have to appoint one of the ITL Mortgages panel solicitors or keep our solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; Can we not simply insist that ITL Mortgages use our lawyer?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the ITL Mortgages conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your lawyer to apply to be on the conveyancing panel for ITL Mortgages
I am due to move into my new home next Monday. My conveyancing lawyer has asked me to provide him with a copy of the building insurance for the house as he says that he has to check this in has capacity as lawyer for ITL Mortgages. What does the insurance need to cover?
All property lawyers on the ITL Mortgages conveyancing panel would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in ITL Mortgages’s Part 2 requirements of the CML Handbook (last updated on ITL Mortgages). Being on the ITL Mortgages conveyancing panel your lawyer is expect to follow these requirements.
I need to find a ITL Mortgages panel solicitor in Belfast. Can you assist?
It is not clear why you need a ITL Mortgages panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to ITL Mortgages to find out which solicitors in ITL Mortgages are on their panel. If you do find such a firm not listed please direct them to our site to list. After all the cost is only one £1 a month
My solicitors in London have advised me that they can not locate my conveyancing file. To assist with my purchase I took out a mortgage with ITL Mortgages. Is it case that being on the ITL Mortgages 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 ITL Mortgages Conveyancing Panel Terms. It might be worth you contacting ITL Mortgages directly.
Is it the case that all conveyancing lawyers on the ITL Mortgages conveyancing panel work on a no move no charge basis?
On the whole there are no requirements by lenders for their firms to operate on a no-sale-no-fee basis. There a small number of lenders who operate a very restricted conveyancing panel managed by a third party company (often termed in the industry as a ‘gatekeeper’). That third party may impose certain conditions such as non-sale-no fee on the panel firms. If you require this as a condition of your conveyancing then you should check with the conveyancing firm that this is part of their service
On the whole I have been dissatisfied with the level or service received from my lawyer. Is there a ITL Mortgages conveyancing panel complaints department or do I complain directly to the law firm?
Complaining to ITL Mortgages about their conveyancing panel is unlikely to yield much of a response. All solicitors and conveyancer must have a complaints procedure. You can get 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 addressed 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.
My ex -wife’s name is on the ITL Mortgages 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 ITL Mortgages mortgage in order to sell?
In terms of the ITL Mortgages 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 ITL Mortgages 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.