Frequently asked questions relating to the Mortgage Agency Services Conveyancing Panel from members of the public
My property lawyer has never been on on the Mortgage Agency Services Approved Panel. Is it possible for me to retain my family solicitor even though they are excluded from the Mortgage Agency Services panel?
You will need to have a conveyancer complete the legal work required when you take out a Mortgage Agency Services mortgage to buy your property. They’ll carry out all the necessary legal checks on the property, make sure that you’re properly registered as the owner and ensure that all the necessary mortgage documentation is in place. You can instruct a conveyancing firm of your choice. However, if the firm selected is not a member of the Mortgage Agency Services conveyancing panel additional costs will be incurred as separate legal representation will be required by Mortgage Agency Services. Conveyancing panel applications can be submitted, so if your conveyancer has not previously applied for membership they can do so.
I am due to move into my new home next Friday. My conveyancing lawyer has asked me to provide him with a copy of the building insurance for the house as as he informs me that he is duty bound to validate that it is in order for Mortgage Agency Services. What risks do Mortgage Agency Services expect the insurance to cover?
All property lawyers on the Mortgage Agency Services 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 Mortgage Agency Services’s Part 2 requirements of the CML Handbook (last updated on Mortgage Agency Services). Being on the Mortgage Agency Services conveyancing panel your lawyer is expect to follow these requirements.
I require the services of a Mortgage Agency Services panel solicitor in Stirling. Can you assist?
It is not clear why you need a Mortgage Agency Services panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to Mortgage Agency Services to find out which solicitors in Mortgage Agency Services 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 grandmother passed away 10 months ago and as sole heir and executor was left the property. The house had a relatively small loan left on it of around £5k. I want to transfer the title deeds into my name whilst I re-mortgage to Mortgage Agency Services , pay off the mortgage etc. Is this possible?
If you intend to re-mortgage then Mortgage Agency Services will insist on your using a conveyancer on the Mortgage Agency Services 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 Mortgage Agency Services 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 Mortgage Agency Services mortgage is registered as a charge at the Land Registry.
Can I be sure that the solicitor on the Mortgage Agency Services panel is any good?
Getting recommendations is a sensible 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 advise that you speak with the lawyer handling your conveyancing
I have decided to exercise my right to buy my property off the council. I have a mortgage offer with Mortgage Agency Services. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event if you are getting a mortgage with Mortgage Agency Services you will need to appoint a solicitor on the Mortgage Agency Services conveyancing panel.
My ex -wife’s name is on the Mortgage Agency Services 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 Mortgage Agency Services mortgage in order to sell?
As regards the Mortgage Agency Services 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 Mortgage Agency Services 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.