Common questions asked concerning the West Bromwich Mortgage Company Conveyancing Panel
from members of the public
My fiance and I are first time buyers. Within the 48 hours our property lawyer has forwarded the sale agreement to sign with a detailed report in anticipation of exchanging contracts shortly. West Bromwich Mortgage Company have this morning contacted us to inform me that they have now hit a problem as our solicitor is not on their conveyancing panel. Please explain?
If you are buying a property with the assistance of a mortgage it is usual for the purchaser's solicitors to also act for the purchaser's lender.
In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme.
Your solicitors should contact West Bromwich Mortgage Company and see if they can apply for membership of the West Bromwich Mortgage Company conveyancing panel, but if that is not viable West Bromwich Mortgage Company will instruct their own lawyers to represent them. You don't have to instruct a firm on the West Bromwich Mortgage Company conveyancing panel and you may continue to use your own solicitors, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.
Can you help?. My lawyer is not to blame but, my purchase conveyancing has been going on for months. The Local Authority Search from West Bromwich Mortgage Company was issued random date and we have agreed a date for me to move into the property on 6 months + 3. My solicitor has advised that as she is on the West Bromwich Mortgage Company conveyancing panel she needs to redo the searches as they are now out of date.
One of the many conditions to being on the West Bromwich Mortgage Company approved panel is to comply with the CML Handbook Part 2 obligations (last updated for this lender on West Bromwich Mortgage Company)which specifies that a local authority search be not more than 6 months old. You should nevertheless ask your lawyer to check whether something called ‘search validation’ indemnity insurance is acceptable to West Bromwich Mortgage Company.
Do I need to attend the offices of the West Bromwich Mortgage Company conveyancing panel solicitor to execute the legal charge? If so, I will instruct a firm who offer conveyancing in Manchester
so that I can attend their offices if required.
Most conveyancing panel lawyers for West Bromwich Mortgage Company undertake all of the work via the post, internet or over the phone. This means that they can undertake your Conveyancing Transaction no matter where you live in England or Wales. However you should check if you can still book an appointment to go into appointed conveyancing lawyer if you prefer.
I was supposed to complete on my flat last Friday. My lawyer’s firm is on the West Bromwich Mortgage Company solicitors panel but has changed address in the past couple of months and had not advised West Bromwich Mortgage Company of their new address. West Bromwich Mortgage Company is now refusing to release my funds as the information from the solicitors isn't correct.
This is a rare situation indeed. The majority of 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 West Bromwich Mortgage Company branch or your mortgage broker to see if they can assist.
is it true that all conveyancing solicitors on the West Bromwich Mortgage Company conveyancing panel overseen by the Solicitors Regulatory Authority?
As solicitors, in order to be on the West Bromwich Mortgage Company conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. Many lenders do allow licenced conveyancers on their panel in which case such firms would be regulated by the Council of Licensed Conveyancers (CLC).
I have paid off my mortgage with West Bromwich Mortgage Company. I assume I don't need a solicitor on the West Bromwich Mortgage Company panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your West Bromwich Mortgage Company 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 West Bromwich Mortgage Company mortgage from the register. West Bromwich Mortgage Company,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 West Bromwich Mortgage Company has sent the Land Registry the discharge electronically, and
the West Bromwich Mortgage Company has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your West Bromwich Mortgage Company mortgage has been paid off.
Can I register a complaint to West Bromwich Mortgage Company about the lawyers being on the West Bromwich Mortgage Company conveyancing panel?
Complaining to West Bromwich Mortgage Company about their conveyancing panel is unlikely to yield much of a response. Every solicitor firm and conveyancer must have a complaints procedure. Usually one can find this information from the solicitor’s or conveyancer’s website or ask at their office. They must tell you about it if you ask.
The Legal Ombudsman will make sure that your complaint is properly dealt with by the solicitor. It can also advise you how to complain.
If a licensed conveyancer does not have a complaints procedure or will not tell you about it, contact the Council for Licensed Conveyancers (CLC), which will make sure that your complaint is properly dealt with by the conveyancer. Please see below for more information.
