Zephyr Mortgages Solicitor Panel Example Support Desk Enquires
from members of the public
My partner and I are novices when it comes to buying a property. Within the 48 hours our conveyancer has forwarded the sale agreement to sign with a detailed report with a view to exchanging next week. Zephyr Mortgages have this morning contacted us to advise us that there is now an issue as our conveyancer is not on their conveyancing panel. Is this a problem?
When purchasing a property with the benefit 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 property lawyers should contact Zephyr Mortgages and see if they can apply for membership of the Zephyr Mortgages conveyancing panel, but if that is not viable Zephyr Mortgages will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the Zephyr Mortgages 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 have another set of people involved.
My son is in the process of securing a newly built flat with a home loan from Zephyr Mortgages. His conveyancer has said that there is a delay in completing the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?
The document is intended to provide information to the main parties engaged in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Zephyr Mortgages conveyancing panel as a standard part of the process, and to the valuer when requested.
The Developer will be required to start the process by downloading the form and completing it.
The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Zephyr Mortgages conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
I note that you have a search directory listing law firms on the Zephyr Mortgages conveyancing panel. Do firms pay you a commission if I retain them for my conveyancing?
We are a listing service only for law firms wishing to communicate if they are on the Zephyr Mortgages conveyancing panel or other lender panels. We do not charge referral fees to the any conveyancer that you subsequently appoint.
I am buying a right to buy flat and getting a mortgage with Zephyr Mortgages. Can I do my own conveyancing?
Leaving aside the complexities and merits of DIY conveyancing you will have to appoint a solicitor on the Zephyr Mortgages conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to made in you doing to conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on the Zephyr Mortgages conveyancing panel in your location.
Is there a list of Zephyr Mortgages 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.
I am about to exchange contracts on a purchase with a mortgage from Zephyr Mortgages. The report from my solicitor mentions that Zephyr Mortgages could withdraw their offer before completion. Is this right?
Banks and Building Societies such as Zephyr Mortgages can revoke their mortgage offer although this is unusual. In the unlikely event that Zephyr Mortgages withdraw their offer they may or may not inform you or the lawyer as to the reasons why. There are various possible reasons but here are a few examples:
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Where information comes to Zephyr Mortgages ‘s attention regarding the customers or the security that they were not aware of prior to offer that affects their original decision to lend
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Zephyr Mortgages may amend or withdraw an offer if the Zephyr Mortgages conveyancing panel solicitor is unable to confirm compliance with any of the conditions of the mortgage offer or if any of the terms of the mortgage offer cannot be satisfied
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If the borrower informs Zephyr Mortgages of a change in the loan amount agreed
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Where the lender is on notice of a restriction or a right of pre-emption which is not at market value
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Where the Lender’s right to possession is fettered in some way
I can not work out if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date . I have telephoned Zephyr Mortgages on various occasions and was told they are content with the situation and they would lend. My solicitor - who is on the Zephyr Mortgages conveyancing panel- telephoned and was told not they would not lend in accordance with their CML Handbook minimum lease term requirements. I simply dont know who is right
Your lawyer has to follow the CML Handbook Part 2 requirements for Zephyr Mortgages. Unless your lawyer obtains specific confirmation in writing that Zephyr Mortgages will go ahead your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask Zephyr Mortgages to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.
