FAQs for the The Mortgage Works Solicitor Panel from members of the public
My fiance and I are purchasing a 1 bedroom flat in Newcastle with a mortgage from The Mortgage Works. We have a solicitor but The Mortgage Works says she’s not on their "panel". It seems we have little choice but to instruct one of the The Mortgage Works panel solicitors or keep our solicitor and pay for one of their panel ones to represent them. This seems very unfair; is there anything we can do?
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 The Mortgage Works 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. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for The Mortgage Works
My lawyer is asking me for identification documents asserting that this forms part of his obligations as a solicitor on the The Mortgage Works Solicitor panel. Am I being spun a yarn?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offense if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage with The Mortgage Works your lawyer also has to check ID documents to satisfy The Mortgage Works
I am buying a flat and need a conveyancing solicitor in Birmingham who is on the The Mortgage Works solicitor. Can you recommend a local firm?
Our service is a directory service for firms who wish to be listed as being on the approved conveyancing panel for The Mortgage Works . We don’t recommend any particular firm.
I was supposed to complete on my flat last Friday. My lawyer’s firm is on the The Mortgage Works conveyancing panel but has changed address 8 weeks ago and had not advised The Mortgage Works of their new address. The Mortgage Works is now refusing to release my funds until such time as their systems are up to date with the correct details.
This is a rare situation indeed. Most lender Terms of Conveyancing Panel Appointment specifically oblige the solicitor to inform the lender of an address change. Your solicitor needs to treat this with the utmost urgency. Do speak with or register your concern with the senior partner (assuming he or she is not your direct lawyer). Most lenders would be reasonable in this situation and expedite the resolution of this issue. It may be prudent to enlist the help of your local The Mortgage Works branch or your mortgage broker to see if they can assist.
Can you point me to a directory of The Mortgage Works panel conveyancers on the Council of Mortgage Lender’s 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.
For 5 years I had a mortgage with The Mortgage Works. My uncle retired last week and wants to pay off my mortgage. After The Mortgage Works 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 The Mortgage Works conveyancing panel? I do not intend to live at the property once the The Mortgage Works mortgage is discharged.
You
will need a solicitor but they need not be on the The Mortgage Works conveyancing 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. As the property is your main residence you need
not pay CGT but you should speak with your accountants in any event.
The mortgage over my property is with The Mortgage Works. Conveyancing was finalised some time ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform The Mortgage Works?
Your original mortgage agreement with The Mortgage Works will provide that you need their approval in advance of letting out your property as this is likely to be a breach of The Mortgage Works’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact The Mortgage Works directly. You need not do this via a The Mortgage Works conveyancing panel lawyer.
