Whistletree Conveyancing Panel : Questions and Answers
from members of the public
I would like to know the reason why all UK lawyers are not on the Whistletree Solicitor panel?
As unjust as it may seem for Whistletree to restrict who can act for them from the public’s or solicitor’s point of view, the other side of the coin is that the lenders are becoming ever more anxious and feel the necessary need to protect them from mortgage fraud and other illegal activities. As a result of this concern Whistletree have restricted their panel of approved conveyancing lawyers to a size that they are happy to control. The Whistletree lawyer panel is not the most restricted
My wife and I changing mortgage lender for our maisonette with Whistletree. We have a son approaching twenty who lives with us. The solicitor on the Whistletree conveyancing panel has asked us to disclose any adults other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the apartment is forfeited by the lender. I have a couple of questions (1) Is this document specific to the Whistletree conveyancing panel as he never had to sign this form when we bought 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 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.
I require the services of a Whistletree panel solicitor in Belfast. Could you help me?
It is not clear why you need a Whistletree panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to Whistletree to find out which solicitors in Whistletree are on their panel. If you do find such a firm not listed please direct them to our site to list. After all the cost is only one £1 a month
I am considering applying for a Whistletree mortgage for purchase of a newly converted (under development) with 65 per cent loan to value. Is it compulsory to choose a solicitor on the conveyancing panel for Whistletree?
In theory, you could use a solicitor that is not on Whistletree conveyancing panel, but Whistletree would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.
I had instructed online solicitors located in Manchester who are on the Whistletree solicitor panel. They are now charging me a separate fee of £135 for the legal aspects of the Whistletree mortgage. Is this a supplemental conveyancing fee set by Whistletree?
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 Whistletree but by your lawyers. Some firms on the Whistletree will charge an ‘acting for lender’ fee and others do not.
I am about to exchange contracts on a purchase with a mortgage from Whistletree. The report from my solicitor mentions that Whistletree could withdraw their offer before completion. Is this right?
Banks and Building Societies such as Whistletree can withdraw their mortgage offer although this is unusual. should Whistletree withdraw their offer they may or may not inform you or the lawyer as to their reasoning. There are many potential reasons but here are a few examples:
-
Amendments if purchase price adjusted and the loan to value limits exceeded by this. Please note that Whistletree conveyancing panel solicitors would be obliged to notify Whistletree of a change in the price of the property.
-
A cashback to the buyer, or | part of the price includes a non-cash incentive to the buyer (eg paid stamp duty land tax),or | any indirect incentive (cash or non cash) or rental guarantee, of which the lender was previously unaware
-
Where the lender is on notice of a restriction or a right of pre-emption which is not at market value
-
If the lender reasonably suspects that the applicant, borrower, mortgagor or guarantor is involved in any criminal or fraudulent activity, including trading in illegal drugs or other substances, theft, robbery, deception or other serious offences, or if the applicant borrower, mortgagor or guarantor has a conviction for any serious criminal offence, including theft, deception, fraud, robbery or trade in illegal drugs or other substances;
-
If the solicitor on the Whistletree conveyancing panel acting for the applicant, borrower, mortgagor or guarantor cannot comply with Whistletree ‘s instructions
I am selling my house. I had a double glazing fitted in month 2010 but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Whistletree are being difficult. The solicitor who is on the Whistletree conveyancing panel is recommending indemnity insurance as a solution but Whistletree are insisting on a building regulation certificate. Why do Whistletree have a conveyancing panel of they don’t accept advice from them?
It is probably the case that Whistletree have referred the matter to their valuer. The reason why Whistletree may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing correctly and safely installed. It merely protects against enforcement action which is very unlikely anyway.