Mortgage Express (No 2) Conveyancing Panel Example Support Desk Enquires from members of the public
I need to swap lawyers as my lawyer is not on the Mortgage Express (No 2) panel of conveyancing solicitors. Is it advisable to appoint a new law firm?
If you haven't yet instructed a solicitor to do anything for you and have just received quotes, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer you're considering.
My conveyancer has discovered a discrepancy when comparing the surveyor’s assumptions in Mortgage Express (No 2)’s home valuation survey and what is revealed within the conveyancing documents. My solicitor says that as he is on the Mortgage Express (No 2) conveyancing panel he must check that the lender is OK with this discrepancy and is still content to lend. Is my lawyer’s course or action appropriate?
A precondition to being on the Mortgage Express (No 2) approved panel is to comply with the CML Handbook requirements (last updated for this lender on Mortgage Express (No 2)) which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
Having used your search tool I can't find the lawyer I was hoping to instruct as being on the Mortgage Express (No 2) conveyancing panel. My lawyer has said that they are on the Mortgage Express (No 2) approved panel. How can I be sure given that they are not listed on your directory?
Not all firms are yet listed on our lender panel search tool which is still relatively new. Law firms are listing on a daily basis and it is probably the case that your lawyer is on the Mortgage Express (No 2) conveyancing lawyer and you should probably take them at their word. Please do feel free to suggest that they completing their listing on our site as it would only cost them £1 a month to list themselves as being on the Mortgage Express (No 2) solicitor panel.
My grandfather passed away last year and as sole heir and executor was left the house. The house had a small mortgage remaining of approximately £8000. I want to transfer the title deeds into my name whilst I re-mortgage to Mortgage Express (No 2) , pay off the mortgage etc. Is this possible?
If you intend to re-mortgage then Mortgage Express (No 2) will insist on your using a conveyancer on the Mortgage Express (No 2) 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 Express (No 2) 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 Express (No 2) mortgage is registered as a charge at the Land Registry.
Why might a lender such as Mortgage Express (No 2) withdraw a mortgage offer?
Banks and Building Societies such as Mortgage Express (No 2) can withdraw their mortgage offer although this is unusual. If Mortgage Express (No 2) withdraw their offer they may or may not inform you or the lawyer as to the reasons why. There are various possible reasons but here are a few examples:
- Mortgage Express (No 2) may amend or withdraw an offer if the Mortgage Express (No 2) conveyancing panel solicitor is unable to confirm compliance with any of the conditions of the mortgage offer or if any of the terms of the mortgage offer cannot be satisfied
- Amendments if purchase price adjusted and the loan to value limits exceeded by this. Please note that Mortgage Express (No 2) conveyancing panel solicitors would be obliged to notify Mortgage Express (No 2) of a change in the price of the property.
- Situations where information provided by the borrower that enabled the lender to make a lending decision is fraudulent, incorrect or misleading.
- Following advice from the property assessor on their lender panel or If the lender has doubts about the effectiveness of the valuation as a result of subsequent events or information received post valuation but pre completion
- If the lender reasonably suspects that the applicant, borrower, mortgagor or guarantor is involved in any criminal or fraudulent activity, including trading in illegal drugs or other substances, theft, robbery, deception or other serious offences, or if the applicant borrower, mortgagor or guarantor has a conviction for any serious criminal offence, including theft, deception, fraud, robbery or trade in illegal drugs or other substances;
I have decided to exercise my right to buy my property off the council. I have a mortgage offer with Mortgage Express (No 2). Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use 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 Express (No 2) you will need to appoint a solicitor on the Mortgage Express (No 2) conveyancing panel.
I have not been happy with the level or service received from my lawyer. Is there a Mortgage Express (No 2) conveyancing panel complaints department or do I complain directly to the law firm?
Complaining to Mortgage Express (No 2) about their conveyancing panel is unlikely to yield much of a response. All solicitors and conveyancer must have a complaints procedure. You can get information from the solicitor’s or conveyancer’s website or ask at their office. They must tell you about it if you ask.
The Legal Ombudsman will make sure that your complaint is addressed by the solicitor. It can also advise you how to complain.
If a licensed conveyancer does not have a complaints procedure or will not tell you about it, contact the Council for Licensed Conveyancers (CLC), which will make sure that your complaint is properly dealt with by the conveyancer. Please see below for more information.
