Choosing a solicitor for a purchase or remortgage is not simply a question of price, location or availability. If Halifax is providing the mortgage, the firm must also be able to act for Halifax.
A conveyancer may be experienced, recommended and already familiar with the property. None of that automatically confirms that the firm can represent the lender in your particular transaction.
Check before instructing a solicitor
Search for conveyancing firms that work with Halifax instructions before paying money on account or ordering searches.
Why the Halifax conveyancing panel matters
A mortgage transaction normally involves two clients. The conveyancer advises the buyer or borrower, but will usually also represent the mortgage lender.
Halifax therefore has its own requirements concerning the firms that may act for it. If the firm selected by the borrower cannot also represent Halifax, the transaction may require a different conveyancer or, where permitted, a separate firm to act for the lender.
Either outcome can mean additional costs, duplicated enquiries and delay.
The safest approach is to investigate panel position before instructing a firm, rather than waiting until the mortgage offer has been issued or the transaction is approaching exchange.
Do not assume that membership of another panel is enough
Borrowers sometimes assume that a firm able to act for one lender within a wider banking group must automatically be able to act for every associated mortgage brand.
That should never be taken for granted.
The lender named in the mortgage documentation matters. The firm should confirm that the relevant office is able to act under Halifax instructions for the proposed transaction. General statements such as “we act for most major lenders” are less useful than clear confirmation relating to Halifax and the particular office handling the file.
What should you check before instructing?
A borrower should ask the proposed conveyancer to confirm:
- whether the firm can presently act for Halifax;
- whether the specific office handling the transaction is covered;
- whether the firm can act on the particular type of transaction;
- whether any unusual feature of the property will require referral to Halifax; and
- what will happen to the legal fees if the firm subsequently discovers that it cannot act for the lender.
The Halifax conveyancing panel search can be used as a starting point. As the directory explains, it is a curated search facility rather than a representation that every approved firm appears within it. A firm not appearing in the results should therefore be asked to obtain or provide direct confirmation of its position.
Panel membership does not answer every property question
Being able to act for Halifax does not mean that the property will necessarily satisfy the lender’s requirements.
The conveyancer must still investigate the title, search results, lease terms, planning position and any other matters affecting the property. The firm must then consider Halifax’s applicable instructions and decide whether an issue can be accepted, resolved or must be reported to the lender.
This distinction is important. Panel membership concerns whether the firm can represent Halifax. The lender’s handbook instructions govern how that firm must deal with particular title and property risks.
Our article on historical Halifax mortgage requirements explains why the instructions applicable on the relevant date may matter when an older transaction is questioned. Where the historical wording itself is required, search the Halifax Lender Handbook Archive.
Additional checks for a transfer of equity or lease extension
Panel status can also become important after the original purchase.
A transfer of equity may involve adding or removing an owner while the Halifax mortgage remains in place. A lease extension or variation can change the title forming the lender’s security. These are legal transactions in their own right and should not be treated as routine administrative changes.
In 2013, we reported on changes affecting Halifax panel solicitors dealing with transfer of equity cases. That article records the position discussed at the time and should not be treated as a statement of Halifax’s current requirements, but it demonstrates why lender instructions must be checked against the correct transaction and date.
What happens if your solicitor cannot act for Halifax?
The available options will depend on the stage reached and Halifax’s requirements. They may include:
- instructing another firm that can act for both borrower and lender;
- continuing with separate representation if Halifax permits it;
- asking the existing firm to clarify or verify its panel status; or
- in limited circumstances, waiting while the firm seeks admission or reinstatement.
Changing conveyancer after work has begun can involve transferring papers, repeating identity checks and paying for work already undertaken. Separate representation can also add another firm to the communication chain.
Our earlier discussion of the shifting nature of lender panels explains why panel status should be verified for the current transaction rather than assumed from a firm’s previous work for the lender.
Check before the transaction gathers momentum
The most effective time to check the Halifax conveyancing panel is before the solicitor is formally instructed. It is a relatively simple question at the start of a matter, but it can become an expensive problem after searches have been ordered, legal work has begun and a target completion date has been agreed.
Using Halifax for your mortgage?
Check for a suitable conveyancing firm before the transaction gathers momentum.
This article provides general information only. Panel status and lender requirements can change. Borrowers and conveyancers should obtain confirmation relevant to the particular firm, office, mortgage and transaction.