Mortgage Agency Services Solicitor Panel Sample Enquires to our Call Center
from members of the public
Is there a reason why all solicitors are not on the Mortgage Agency Services Solicitor panel?
Lenders 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 husband and I changing mortgage lender for our flat with Mortgage Agency Services. We have a son 19 who lives with us. The solicitor on the Mortgage Agency Services conveyancing panel requested us to identify 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 apartment is forfeited by the lender. I have a couple of concerns (1) Is this form unique to the Mortgage Agency Services conveyancing panel as he never had to sign this form when we remortgaged 5 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 Mortgage Agency Services 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 Mortgage Agency Services .This is solely used to protect the Mortgage Agency Services 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 Mortgage Agency Services 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 all the firms listed on your directory have online case tracking as I was under the impression that this was a precondition of being on the Mortgage Agency Services conveyancing panel?
The Council of Mortgage Lenders or BSA do not require online case tracking. Some law firms operate such technology and some don't.
My conveyancers in London have advised me that no longer have my conveyancing file. To assist with my purchase I took out a mortgage with Mortgage Agency Services. Is it case that being on the Mortgage Agency Services conveyancing panel they need to have retained the file for a prescribed period?
Different lenders have different requirements 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 Mortgage Agency Services Conveyancing Panel Terms. It might be worth you contacting Mortgage Agency Services directly.
We have a mortgage agreed in principle with Mortgage Agency Services. Solicitors have been appointed? How long does it take for Mortgage Agency Services to send the offer to our conveyancer
Some lenders take longer than others. Have Mortgage Agency Services done the survey? Have you advised Mortgage Agency Services as your lawyers details and checked that your lawyer is on the Mortgage Agency Services conveyancing panel? sometimes it can take as long as six weeks for a mortgage offer to be issued
In what circumstances might Mortgage Agency Services amend or withdraw their mortgage offer?
Lenders such as Mortgage Agency Services can revoke their mortgage offer although this is unusual. should Mortgage Agency Services withdraw their offer they may or may not inform you or the lawyer as to their reasoning. There are various possible reasons but here are 5 examples:
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Where information comes to Mortgage Agency Services ‘s attention regarding the customers or the security that they were not aware of prior to offer that affects their original decision to lend
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Many mortgage offers have an expiry date. Your lawyer should check this. Mortgage Agency Services may amend or withdraw an offer before the end of its validation period if an offer extension is requested and following a re-evaluation of the property the value of the security is below a level which is acceptable to them.
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If the borrower informs Mortgage Agency Services of a change in security address
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If the borrower informs Mortgage Agency Services of a change in the loan amount agreed
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A cashback to the buyer, or | part of the price includes a non-cash incentive to the buyer (eg paid stamp duty land tax),or | any indirect incentive (cash or non cash) or rental guarantee, of which the lender was previously unaware
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?
In terms of 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.