Whistletree Solicitor Panel Recently Asked Questions from members of the public
I would like to know the reason why all property lawyers are not on the Whistletree Conveyancing panel?
Whistletree and other mortgage companies tend to restrict either the type or the number of conveyancing practices on their approved list of lawyers. Typical examples of such restriction(s) being that a firm must have two or more partners. In addition to restricting the type of firm, some have decided to limit the number of firms they use to represent them. You should note that Whistletree have no responsibility for the quality of advice provided by any member of Whistletree Conveyancer Panel. Mortgage fraud was a key driver in the rationalisation of conveyancing panels a few years ago and whilst there are differing views about the extent of solicitor involvement in some of that fraud. Statistics from the Land Registry reveal that thousands of law firms only carry out one or two conveyances a year. Those supporting conveyancing panel cuts ask why law firms should have the right to be on a Lender panel when clearly, Conveyancing is not their speciality? To put it another way; would you want a conveyancing solicitor to represent you if you were charged with a crime; probably not.
My partner and I changing mortgage lender for our apartment with Whistletree. We have a son 18 who lives with us. The solicitor on the Whistletree conveyancing panel has asked us to disclose anyone over the age of 17 other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the apartment is repossessed. I have two concerns (1) Is this form unique to the Whistletree conveyancing panel as he never had to sign this form when we remortgaged 4 years ago (2) Does our son by signing this giving up his rights 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 Whistletree .This is solely used to protect the Whistletree 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 Whistletree 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.
Do I have to have a meeting at the offices of the Whistletree conveyancing panel solicitor to execute the legal charge? If so, I will instruct a firm who offer conveyancing in Manchester
so that I can pop in to their offices if required.
Whereas this was necessary twenty years ago, most lenders no longer require their conveyancing panel solicitor to witness the borrowers signature. You will still be obliged to provide ID Documents and there are still distinct advantages to using a local solicitor, in your case a conveyancing solicitor in Manchester
.
I am selling my house. Does my solicitor have to be on the Whistletree conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the Whistletree conveyancing panel they can still act for you on your sale. it might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently at the moment.
Do most banks operate their own panel of solicitors?
Many lenders do operate a restricted conveyancing panel but a lot of lenders allow any solicitors to join their panel so long as they meet their criteria. Each lender sets their own criteria. For example the Whistletree conveyancing panel requirements are different to Whistletree’s conveyancing panel criteria.
We have agreed to purchase a house.One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Whistletree be concerned
Given that your lender is Whistletree your lawyer must to check the Whistletree conveyancing instructions contained in the Part of CML Handbook for Whistletree . The CML Handbook contains minimum requirements for solar panel roof-space leases, and solicitors are required to report to Whistletree where a lease does not meet these requirements. The requirements relate to the installation of panels on properties in England and Wales. The CML are developing guidance for Northern Ireland and Scotland.
I have today made my last payment due on mortgage with Whistletree. I assume I don't need a solicitor on the Whistletree panel to remove the mortgage at the Land Registry. Please confirm
If you have finished paying off your Whistletree 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 Whistletree mortgage from the register. Whistletree,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 Whistletree has sent the Land Registry the discharge electronically, and
the Whistletree has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your Whistletree mortgage has been paid off.