FAQs for the Mortgage Express (No 2) Conveyancing Panel
from members of the public
My fiance and I are purchasing a 1 bedroom flat in London with a mortgage from Mortgage Express (No 2). We like our solicitor but Mortgage Express (No 2) says she’s not on their "panel". We have to appoint one of the Mortgage Express (No 2) panel firms or keep our solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; Can we not simply insist that Mortgage Express (No 2) use our lawyer?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the Mortgage Express (No 2) conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your lawyer to apply to be on the conveyancing panel for Mortgage Express (No 2)
Our lawyer has discovered a legal deficiency with the lease for the property we are buying. The seller’s lawyers have put forward title insurance as a solution. We are happy with insurance and will cover the costs. Our lawyer has advised that as he is on the Mortgage Express (No 2) conveyancing panel he must ensure that the lender is happy with this solution. Who is the client here, us or Mortgage Express (No 2)?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and Mortgage Express (No 2) are the client. 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)). The CML Handbook conditions require your lawyer to disclose issues such as defects will the lease so that Mortgage Express (No 2) can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . 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.
I am selling my house. Does my solicitor have to be on the Mortgage Express (No 2) conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the Mortgage Express (No 2) conveyancing panel they can still act for you on your sale. it might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently at the moment.
How can we tell if a solicitor on the Mortgage Express (No 2) panel is any good?
Getting recommendations is a sensible start. 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 solicitor carrying out your conveyancing
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.
Mortgage Express (No 2) have agreed my mortgage in principle, my offer on house has been accepted, now what?
The estate agent will want to know who your solicitors are (make sure these solicitors are on the lenders panel). Call up Mortgage Express (No 2) or your broker and complete any relevant paperwork. Mortgage Express (No 2) will tell you what documents they want. Mortgage Express (No 2) will instruct a valuer. The valuer will get in touch with the estate agent or seller to book an appointment. Once conducted (assuming no problems) it takes about week to get a mortgage offer. Mortgage Express (No 2) will issue the offer to you and your lawyer. The transaction will then take it’s course according the nature and complexity of the conveyancing.