Common questions asked concerning the ModaMortgages Solicitor Panel
from members of the public
I instructed a firm of solicitors to conveyancing on my purchase 5 weeks ago having applied for a mortgage with ModaMortgages. The firm confirmed to me that they are on ModaMortgages conveyancing panel and provided me their panel number. ModaMortgages then called me to say that their panel number was dormant and would need to be reactivated. What happens next? Do I instruct a different law firm listed on the approved panel for ModaMortgages?
You may be very frustrated with the lawyer but if it only go take a few more days they it may be worth waiting as, depending on how far progressed you are you may end up delaying the transaction by a number of weeks if you need to replace your solicitor You may wish to enlist the help of your broker to check with the ModaMortgages as to the time frame to get your lawyer reinstated on the panel once again.
I am buying a newly built flat and my solicitor is informing me that she is duty bound to reveal incentives from the seller as her firm is on the ModaMortgages conveyancing panel. I am nearing the developer’s deadline to exchange and my preference is not to prolong deal. Is my lawyer right?
You should not exchange unless you have advised to do so by your lawyer. A precondition to being on the ModaMortgages approved panel is to comply with the CML Handbook requirements (last updated for this lender on ModaMortgages). 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 visit the offices of the ModaMortgages conveyancing panel solicitor to execute the mortgage deed? If so, I will choose one who does conveyancing in London
so that I can attend their offices if necessary.
Most conveyancing panel lawyers for ModaMortgages undertake all of the work via the post, internet or over the phone. This means that they can undertake your Conveyancing Transaction no matter where you live in England or Wales. However you should check if you can still book an appointment to go into appointed conveyancing lawyer if you prefer.
I am trying to get my ex-wife taken off the mortgage deeds. Can ModaMortgages really insist on which solicitor I can or can not retain?
You can use any solicitor you like but ModaMortgages then has the right to appoint a different solicitor to act for them at your expense. It might be more cost effective and quicker to instruct a lawyer who is on the ModaMortgages solicitors panel
Can you point me to a directory of ModaMortgages panel solicitors on the Building Society Association’s Website?
No. There is no such tool on the Council of Mortgage Lenders or Building Society Association websites. Very few lenders make their panel listings available online.
I was thinking of purchasing my friend’s property. Once we agree a price, what’s the best way to move forward? I plan to obtain a mortgage with ModaMortgages. Is it possible to avoid using solicitors to save us both money? My father said that years ago it was possible to take the documents into the local Land Registry office and they did the rest
If you are getting a mortgage with ModaMortgages involved you will need to appoint a solicitor on the ModaMortgages conveyancing panel. We would not encourage you to both use the same solicitors' firm. There are clear conflict of interest issues and it's not going to make a huge difference to the speed of the overall process. So as not to hold things us you should pass on your solicitors details to ModaMortgages. Feel free to use our search tool to look for a licensed conveyancer or solicitor on the ModaMortgages conveyancing panel.
My existing mortgage is with ModaMortgages. My uncle has just retired and wants to pay off my mortgage. After ModaMortgages is paid, I want to transfer the property to my mother's name; How long will it roughly take? Do we need two separate solicitors on the ModaMortgages conveyancing panel? I do not intend to live at the property once the ModaMortgages mortgage is discharged.
Although you do need to retain the services of a lawyer they dont
need to be on the ModaMortgages panel.
You will need a solicitor to draw up the transfer and
to deal with the Land Registry formalities. The only thing you need to
consider is that by selling at an undervalue so ask your lawyer about
the implications. There could be an inheritance tax issue if you die
within 7 years of this. As the property is your main residence you need
not pay CGT but you should speak with your accountants in any event.