Topaz Finance Solicitor Panel Sample Enquires to our Call Center
from members of the public
Am I correct in assuming that the fact that my conveyancer is not identified on the Topaz Finance Conveyancing panel that there is a problem with the quality of the firm’s conveyancing?
It would not be wise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should simply call the firm and ask them why they are no longer on the approved list for Topaz Finance.
I am purchasing a newly constructed apartment and my lawyer is advising me that she has to reveal incentives from the developer as her practice is on the Topaz Finance conveyancing panel. I am on a tight deadline to sign contracts and I dont want to delay deal. Can I insist on an exchange regardless of what my lawyer says about being on the Topaz Finance panel?
You should not exchange unless you have advised to do so by your lawyer. A precondition to being on the Topaz Finance approved panel is to comply with the CML Handbook requirements (last updated for this lender on Topaz Finance). The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Do all the firms listed on your directory have online case tracking as I understood that this was a condition of being on the Topaz Finance solicitor panel?
The Council of Mortgage Lenders or BSA do not require online case tracking. Some law firms operate such technology and some don't.
Please explain the implications if my lawyer’s firm is removed from the Topaz Finance Solicitor panel in advance of completion?
First, this is very unlikely to happen. 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.
When it comes to mortgage companies such as Topaz Finance do solicitors have to be pay a fee to be on the conveyancing panel?
We are not aware of any lender fees to be on their panel although some do charge an administration charge to deal with the processing of the conveyancing panel application.
Is there a list of Topaz Finance 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.
I have today made my last payment due on mortgage with Topaz Finance. I assume I don't need a solicitor on the Topaz Finance panel to remove the mortgage at the Land Registry. Please confirm
If you have finished paying off your Topaz Finance 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 Topaz Finance mortgage from the register. Topaz Finance,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 Topaz Finance has sent the Land Registry the discharge electronically, and
the Topaz Finance has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your Topaz Finance mortgage has been paid off.