Q and A’s regarding the The Mortgage Works Solicitor Panel
from members of the public
On what basis could a law firm be excluded from the The Mortgage Works solicitor panel?
According to a recent survey report by the solicitors regulator three quarters of solicitor practices had been removed from a lender panel. The most common reasons in order are :
- Low volume of transactions
- the lawyer is a sole practitioner
- as part of the HSBC panel reduction
- regulatory contact by SRA
- accidental removal. We are not aware of the specific or common criteria for removal by The Mortgage Works
I do hope you can help me. My conveyancer is advising me that he is legally obliged to order a Local Authority search as the firm are on the The Mortgage Works conveyancing panel. Is this really necessary?
You have limited options available to you. Given that you are taking out a loan with The Mortgage Works your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of The Mortgage Works’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements last updated The Mortgage Works. even if you were a cash buyer you would be ill advised not to carry out a local authority search.
Having used your search tool I can't find the lawyer I was hoping to instruct as being on the The Mortgage Works conveyancing panel. My lawyer has said that they are on the The Mortgage Works 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 The Mortgage Works 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 The Mortgage Works solicitor panel.
I am selling my house. Does my solicitor have to be on the The Mortgage Works conveyancing panel in order to deal with paying off my mortgage?
Ordinarily, even if your lawyer is not on the The Mortgage Works 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.
Are all Conveyancing Quality Solicitors on the The Mortgage Works conveyancing panel?
It is true that some banks and building societies now use CQS as the starting point for Panel membership such as HSBC and Santander. The Law Society’s CQS accreditation however gives no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for firms wishing to remain on their panels.
I recently had an offer accepted on an apartment. My mortgage broker recommended their conveyancers I paid an upfront payment of 225. Soon after the conveyancers contacted me sheepishly admitting that they were not on the The Mortgage Works conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the The Mortgage Works panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I am selling my house. I had a double glazing fitted in month 6 but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, The Mortgage Works are being a right pain. The solicitor who is on the The Mortgage Works conveyancing panel is saying indemnity insurance will be fine but The Mortgage Works are insisting on a building regulation certificate. Why do The Mortgage Works have a conveyancing panel of they don’t accept advice from them?
It is probably the case that The Mortgage Works have referred the matter to their valuer. The reason why The Mortgage Works 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.