Q and A’s regarding the Magellan Homeloans Solicitor Panel from members of the public
What is the rationale as to why all solicitors are not on the Magellan Homeloans Conveyancing panel?
Mortgage companies point to the fact that solicitor-led fraud is thought to be responsible for millions of pounds of fraud every year. The removal of law firms off of lender panels started with the rise in mortgage fraud, which prompted a thematic review by the Financial Services Authority in 2011. Its outcome included recommendations for lenders to review their conveyancing panels, which kicked off a major policy change in the sector. It led to banks and building societies purging less reputable firms off their books
My partner and I intend to remortgage our flat with Magellan Homeloans. We have a son 19 who lives with us. The solicitor on the Magellan Homeloans 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 property is forfeited by the lender. I have two questions (1) Is this document specific to the Magellan Homeloans conveyancing panel as he did not need to sign this form when we purchased 3 years ago (2) Does our son by signing this giving up his rights 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 Magellan Homeloans .This is solely used to protect the Magellan Homeloans 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 Magellan Homeloans 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.
I require the services of a Magellan Homeloans panel solicitor in Inverness. Could you help me?
Unfortunately it’s not apparent why you need a Magellan Homeloans panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to Magellan Homeloans to find out which solicitors in Magellan Homeloans 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
The solicitors that I appointed last week on my purchase in Hendon has suddenly shut down. They were on acting for me because I needed a lawyer on the Magellan Homeloans conveyancing panel and my previous lawyer was not. I paid them £200 on account. What should be my next steps?
Assuming that you have an Estate Agent in the equation then let them know immediately so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Magellan Homeloans conveyancing panel and notify the lender. If you have paid over any money it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors may be able to help
Is the case that all CQS (Conveyancing Quality Scheme) solicitors on the Magellan Homeloans conveyancing panel?
It is true that some banks and building societies now use CQS as the starting point for Panel approval such as HSBC and Santander. The Law Society’s CQS accreditation 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.
I have paid off my mortgage with Magellan Homeloans. I assume I don't need a solicitor on the Magellan Homeloans panel to remove the mortgage at the Land Registry. Please confirm
If you have finished paying off your Magellan Homeloans mortgage they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Magellan Homeloans mortgage from the register. Magellan Homeloans,and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
but are not moving to another property
where the Magellan Homeloans has sent the Land Registry the discharge electronically, and
the Magellan Homeloans has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your Magellan Homeloans mortgage has been paid off.
The for formalities of my purchase has taken place with a mortgage from Magellan Homeloans. Conveyancing was of an acceptable standard but I would like to complain about Magellan Homeloans. How do I make a complaint?
Most banks and building societies have complaints procedures. Your first point of contact should be one of the Magellan Homeloans branches or the Customer Services Team at Magellan Homeloans head office. We understand that complaints to Magellan Homeloans are sorted out very quickly. If you feel that the matter is not resolved you can write to the
Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.