Common questions asked concerning the Scottish Widows Solicitor Panel
from members of the public
It has come to my attention via my IFA that my the law firm I have appointed is not on the Scottish Widows Conveyancing panel. What can I do to be sure that this is correct?
The first thing you need to do is to contact your conveyancer. You lawyer should advise you what has happened. If they are not on the panel they could put your in touch with solicitors on the the approved Scottish Widows solicitor panel.
Our solicitor has identified a legal deficiency with the lease for the flat we are purchasing. The seller’s lawyers have put forward title insurance as a workaround. We are happy with insurance and will pay for it. Our lawyer has advised that as he is on the Scottish Widows conveyancing panel he must ensure that the lender is happy with this solution. Who is the client here, us or Scottish Widows?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and Scottish Widows are the client. A precondition to being on the Scottish Widows approved panel is to comply with the CML Handbook requirements (last updated for this lender on Scottish Widows). The CML Handbook conditions require your lawyer to disclose issues such as defects will the lease so that Scottish Widows 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.
Are the lawyers identified as being on the Scottish Widows conveyancing panel, together with their details provided by Scottish Widows?
The firms 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.
I am considering applying for a Scottish Widows mortgage for purchase of a newly converted (under development) with 65 per cent loan to value. Is it compulsory to choose a solicitor on the conveyancing panel for Scottish Widows?
In theory, you could use a solicitor that is not on Scottish Widows conveyancing panel, but Scottish Widows would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.
Is there a list of Scottish Widows panel solicitors on the CML Handbook Website?
No. There is no such tool on the Council of Mortgage Lenders or Building Society Association websites. Very few lenders make their panel listings available online.
We are getting a further advance on our mortgage from Scottish Widows as we wish to carry out a loft conversion to our home. Do we need to appoint a solicitor on the Scottish Widows conveyancing panel to deal with the paperwork?
Scottish Widows would not normally instruct a member of their conveyancing panel to deal with such a matter. If they did require any legal work then you would need to ensure that such a lawyer was on the Scottish Widows list
I have instructed a lawyer having made sure that they are on the Scottish Widows conveyancing panel. Does my lawyer arrange the survey of the property?
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I've read lots of mortgage guides,I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my solicitor - who is on the Scottish Widows conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Scottish Widows will need an independent valuation of the property. Your lawyer will not arrange this. Usually Scottish Widows will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey.
You may wish to consider appointing your own surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
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Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by postcode. As you are getting a mortgage with Scottish Widows you could contact your them to see if they have a list of approved surveyors.