St James Place Conveyancing Panel Example Support Desk Enquires from members of the public
Can you please explain the reason why all UK lawyers aren't included on the St James Place Conveyancing panel?
Pre- 2008 most lenders had an appetite for risk which was higher than today. The Financial Services Authority in 2010 conducted a thematic review into mortgage fraud which concluded: know the conveyancing solicitors that you are dealing with. Consequently, lenders have regularly sought more information from law firms about their operations and the individuals who work for them and set certain criteria such a completing on a minimum number of transactions. Many firms that have been excluded from lender panels have 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Such firms were never going to meet the criteria of volume of transactions the lenders required.
My partner and I are refinancing our maisonette with St James Place. We have a son 18 who lives with us. The solicitor on the St James Place conveyancing panel requested us to identify any adults other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the flat is repossessed. I have a couple of questions (1) Is this document specific to the St James Place conveyancing panel as he did not need to sign this form when we bought 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong 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 St James Place .This is solely used to protect the St James Place 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 St James Place 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.
How do I search for a local solicitor on the St James Place conveyancing panel? I have a car and am prepared to travel up to 20 miles to meet the lawyer.
Feel free to make use of the find a conveyancing panel tool on this page. Please choose the lender and your location and you will see a number of lawyer located nearest you. Alternatively you can type in the name of your proposed law firm and see if they are listed as being on the St James Place solicitor panel.
My lawyers in Leeds have advised me that they can not locate my conveyancing file. At the time of my purchase I took out a mortgage with St James Place. Is it case that being on the St James Place conveyancing panel they need to have retained the file for a number of years?
It very much depends from lender to lender 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 St James Place Conveyancing Panel Terms. It might be worth you contacting St James Place directly.
For 5 years I had a mortgage with St James Place. My father retired last week and wants to pay off the mortgage left on the property. After St James Place is paid, I want to transfer the property to my mother's name; How long will it roughly take? Do we need two separate solicitors on the St James Place conveyancing panel? I do not intend to live at the property once the St James Place mortgage is discharged.
Although you do need to retain the services of a lawyer they dont
need to be on the St James Place panel.
You will need a solicitor to draw up the transfer and
to deal with the Land Registry formalities. The only thing you need to
consider is that by selling at an undervalue so ask your lawyer about
the implications. There could be an inheritance tax issue if you die
within 7 years of this. There's no capital gains tax for you as it is
your main residence.
I am currently in the process of buying my council flat. I have a mortgage offer with St James Place. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have 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 St James Place you will need to appoint a solicitor on the St James Place conveyancing panel.
I am due to exchange contracts on my house. I had a double glazing fitted in month 6 but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, St James Place are being a right pain. The solicitor who is on the St James Place conveyancing panel is recommending indemnity insurance as a solution but St James Place are insisting on a building regulation certificate. Why do St James Place have a conveyancing panel of they don’t accept advice from them?
It is probably the case that St James Place have referred the matter to their valuer. The reason why St James Place may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing correctly and safely installed. It merely protects against enforcement action which is very unlikely anyway.