Common questions asked concerning the Virgin Conveyancing Panel from members of the public
A solicitor my fiance and I wanted to use for conveyancing on a purchase said she would charge more if my lender is due to their unusual legal requirements. Am I likely to be frustrated using Virgin? Is Virgin conveyancing so much more difficult?
Virgin conveyancing requirements for their panel are no better or no more complicated than most lenders.
It is the case now the CML Handbook, the "bible" used by solicitors to establish lender requirements, is different for each lender.
It is not clear if your lawyer is on the Virgin conveyancing panel. If they are not, this does add further risk of delay as Virgin will appoint their own solicitors to look after their interest.
Our conveyancer has discovered a defect with the lease for the flat we are buying. The other side have offered defective title insurance as a workaround. We are content with insurance and will pay for it. Our solicitor says that as he is on the Virgin conveyancing panel he must check that the lender is happy with this solution. Are we the client or is Virgin?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and Virgin are the client. A precondition to being on the Virgin approved panel is to comply with the CML Handbook requirements (last updated for this lender on Virgin). The CML Handbook conditions require your lawyer to disclose issues such as defects will the lease so that Virgin can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I am looking for conveyancing quotes online. Can I be assured that all the practices that are listed on your directory are on the Virgin conveyancing panel?
The law firms on our directory have assured us via an online form that they are on the Virgin panel and agreed to advise us to take down their listing in the event of removal off of the Virgin panel. To date we have not been informed by either a mortgage company or a member of the public that the data about a specific firm being on the Virgin conveyancing panel is incorrect.
I am attempting to get my ex-wife removed the mortgage deeds. Can Virgin really insist on which solicitor I can or can not retain?
You can use any solicitor you like but Virgin 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 Virgin solicitors panel
Is there a list of Virgin panel conveyancers on the Building Society Association’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.
We are getting a further advance on our mortgage from Virgin as we wish to carry out alterations or improvements our home. Do we need to appoint a solicitor on the Virgin conveyancing panel to deal with the legals?
Virgin do not ordinarily instruct a member of 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 Virgin panel
My ex -wife’s name is on the Virgin mortgage of my property but not on the land registry. The apartment was transferred to me on our divorce many years ago by way of a sealed court order. Does my ex still have a say on the sale even though the land registry showing the property in my name alone? Will I be required to take her name of the Virgin mortgage in order to sell?
As regards the Virgin mortgage, it is unusual that your ex-wife’s name remains on the mortgage but not on the title. It is conceivable that this is an oversight on the part of your conveyancers to ensure that her name was removed or even an administrative error on the part of Virgin in failing to update their data. In any event, it should cause difficulty providing her name no longer appears on the Land Registry title and you have a court order ordering that the property is transferred to you.
