FAQs : The ITL Mortgages Solicitor Panel
from members of the public
My partner and I are first time buyers. Within the 48 hours our conveyancer has forwarded the sale agreement to sign with a detailed report with a view to exchanging next week. ITL Mortgages have this evening contacted us to advise us that there is now an issue as our lawyer is not on their approved list of lawyers. What do we do from here?
If you are buying a property with the assistance of a mortgage it is usual for the purchaser's solicitors to also act for the purchaser's lender.
In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme.
Your property lawyers should contact ITL Mortgages and see if they can apply for membership of the ITL Mortgages conveyancing panel, but if that is not viable ITL Mortgages will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the ITL Mortgages conveyancing panel as you are at liberty to use your preferred lawyers, in which case your legal fees may increase, and it will likely delay the transaction as you are adding another lawyer into the mix.
My husband and I intend to remortgage our flat with ITL Mortgages. We have a son 18 who lives with us. The solicitor on the ITL Mortgages conveyancing panel requested us to identify anyone over the age of 17 other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the property is repossessed. I have a couple of questions (1) Is this document specific to the ITL Mortgages conveyancing panel as he never had to sign this form when we bought 4 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
First, rest assured that your ITL Mortgages conveyancing panel solicitor is doing the right thing 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 ITL Mortgages .This is solely used to protect the ITL Mortgages 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 ITL Mortgages 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 I have to have a meeting at the offices of the ITL Mortgages conveyancing panel solicitor to execute the legal charge? If so, I will appoint a lawyer who conducts conveyancing in Manchester
so that I can attend their offices if necessary.
As opposed to 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 Manchester
.
I was expecting to move into my first house two days ago. My solicitor is on the ITL Mortgages conveyancing panel but has changed address in the past couple of months and had not advised ITL Mortgages of their new address. ITL Mortgages has locked down the release of mortgage funds as the information from the solicitors isn't correct.
This is as unusual as it is unlucky. Most lender Terms of Conveyancing Panel Appointment specifically oblige the solicitor to inform the lender of an address change. Your solicitor needs to treat this with the utmost urgency. Do speak with or register your concern with the senior partner (assuming he or she is not your direct lawyer). Most lenders would be reasonable in this situation and expedite the resolution of this issue. It may be prudent to enlist the help of your local ITL Mortgages branch or your mortgage broker to see if they can help.
Can I be sure that the solicitor on the ITL Mortgages panel is any good?
seeking recommendations is a good starting point. Before you go ahead check if they offer a no sale no fee offer. Also you often get what you pay for - a firm which quotes more will often provide a better service than one which is cheap as chips. We would always suggest that you speak with the solicitor carrying out your transaction
ITL Mortgages have agreed my mortgage in principle, my offer on house has been accepted, now what?
The estate agent will want to know who your solicitors are (make sure these solicitors are on the lenders panel). Call up ITL Mortgages or your broker and complete any relevant paperwork. ITL Mortgages will tell you what documents they want. ITL Mortgages will instruct a valuer. The valuer will get in touch with the estate agent or seller to book an appointment. Once conducted (assuming no problems) it takes about week to get a mortgage offer. ITL Mortgages will issue the offer to you and your lawyer. The transaction will then take it’s course according the nature and complexity of the conveyancing.
My husband and I are buying a garden flat in Hendon. Conveyancing solicitors in Hendon are about to beretained. My motheradvised that we check that the conveyancing practitioner in Hendon is on the ITL Mortgages panel. Is this right?
A limited percentage of Hendon conveyancing practices are on the ITL Mortgages conveyancing panel. Use the above search tool to locate a
Hendon conveyancing practitioner on the on the ITL Mortgages panel.
