Topaz Finance Solicitor Panel Recently Asked Questions
from members of the public
My Conveyancer is not on the Topaz Finance Solicitor Panel. Is it possible for me to use my preferred solicitor even though they are excluded from the Topaz Finance panel of approved conveyancing solicitors?
You will need to have a conveyancer complete the legal work required when you take out a Topaz Finance mortgage to buy your property. They’ll carry out all the necessary legal checks on the property, make sure that you’re properly registered as the owner and ensure that all the necessary mortgage documentation is in place. You can instruct a conveyancing firm of your choice. However, if the firm selected is not a member of the Topaz Finance conveyancing panel additional costs will be incurred as separate legal representation will be required by Topaz Finance. Conveyancing panel applications can be submitted, so if your conveyancer has not previously applied for membership they can do so.
My fiance and I are refinancing our maisonette with Topaz Finance. We have a son 18 who lives with us. The solicitor on the Topaz Finance 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 property is forfeited by the lender. I have two questions (1) Is this document specific to the Topaz Finance conveyancing panel as he did not need to sign this form when we purchased 4 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 Topaz Finance .This is solely used to protect the Topaz Finance 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 Topaz Finance 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 up to date is your search tool for the Topaz Finance conveyancing panel? Do Topaz Finance send you an updated list?
The law firm practices themselves provide us confirmation that they are on the Topaz Finance conveyancing panel as opposed to being supplied with a list from Topaz Finance directly.
I would like to get my former partner taken off the mortgage deeds. Can Topaz Finance really tell me which solicitor I can or can not use?
You can use any solicitor you like but Topaz Finance then has the right to appoint a different solicitor to act for them at your expense. It might be more cost effective and quicker to instruct a lawyer who is on the Topaz Finance solicitors panel
When it comes to mortgage companies such as Topaz Finance do lawyers 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.
I had instructed online solicitors based in Birmingham who are on the Topaz Finance solicitor panel. They are now charging me a separate fee of £195 for the legal aspects of the Topaz Finance mortgage. Is this a supplemental conveyancing fee set by Topaz Finance?
Unfortunately, as long as it is in their Terms and Conditions or Quote then yes your solicitors can charge a fee for this. This fee is not set by Topaz Finance but by your lawyers. Some firms on the Topaz Finance will charge an ‘acting for lender’ fee and others do not.
My wife and I have arranged a further advance on our mortgage from Topaz Finance as we wish to carry out alterations or improvements our home. Do we need to appoint a solicitor on the Topaz Finance conveyancing panel to deal with the legals?
Topaz Finance do not ordinarily appoint firms on their approved list of lawyers 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 Topaz Finance panel