FAQs : The Scottish Widows Solicitor Panel from members of the public
I am in the process of selling my flat and the estate agent has just texted me to warn that the purchasers are changing their conveyancer. The reason given is that Scottish Widows will only deal with property lawyers on their approved list. On what basis would a major mortgage company only engage with certain lawyers?
Mortgage companies have always had panels of law firms they are willing to work with, but in the past few years big names such as Lloyds Banking Group, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 15 years.
Lenders blame a rise in fraud as the reason for the cull – criteria have been tightened and a smaller panel should be easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels, or have other concerns about them. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyer’s case. Your purchasers are unlikely to have any sway in the decision.
We are due to exchange on the purchase a house but as a result of damage from the recent storms I have agreed compensation from the seller of £3k approx by way of a reduction in the price. This was going to be dealt with as part of the conveyancing process but my mortgage company Scottish Widows will not agree to this. Why was Scottish Widows even consulted?
Your lawyer being on the Scottish Widows conveyancing panel is duty bound to inform Scottish Widows of any changes to the purchase price. If you were to refuse your lawyers to disclose the reduction to Scottish Widows then they would have to discontinue acting for you and Scottish Widows.
Are the lawyers identified as being on the Scottish Widows conveyancing panel, together with their details provided by Scottish Widows?
The law firm practices themselves provide us confirmation that they are on the Scottish Widows conveyancing panel as opposed to being supplied with a list from Scottish Widows directly.
Please explain the implications if my lawyer’s firm is expelled from the Scottish Widows Solicitor panel before completion?
First, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have ti instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by the regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
How can we tell if a solicitor on the Scottish Widows panel is any good?
seeking recommendations is a good 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 suggest that you speak with the solicitor handling your conveyancing
I have today made my last payment due on mortgage with Scottish Widows. I assume I don't need a solicitor on the Scottish Widows panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Scottish Widows mortgage they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Scottish Widows mortgage from the register. Scottish Widows,and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
but are not moving to another property
where the Scottish Widows has sent the Land Registry the discharge electronically, and
the Scottish Widows has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your Scottish Widows mortgage has been paid off.
I have not been happy with the level or service received from my lawyer. Is there a Scottish Widows conveyancing panel complaints department or do I complain directly to the law firm?
Complaining to Scottish Widows about their conveyancing panel is unlikely to yield much of a response. All solicitors and conveyancer must have a complaints procedure. Usually one can find this 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 properly dealt with 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.