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Question: 8.1. Does the lender allow me to advise any of the specified third parties?
Lender | Answer |
---|---|
Accord Buy to Let |
Yes, provided you are satisfied that: * there is no conflict of interest in giving such advice and * by doing so the document being signed will not be open to challenge. |
Accord Mortgages Ltd |
Yes, provided you are satisfied that: * there is no conflict of interest in giving such advice and * by doing so the document being signed will not be open to challenge. |
Adam & Company |
Advice may only be given subject to prior written approval from us. |
Adam & Company International |
Advice may only be given subject to prior written approval from us. |
Ahli United Bank (UK) plc | No |
Aldermore Bank PLC |
No, however another Solicitor within your practice may provided you are satisfied there is no conflict of interest in giving such advice and by doing so the document being signed will not be open to challenge. Borrowers that do not personally benefit from the loan must execute our Certificate of Independent Advice form. Please refer to 1.11 where a copy is required. |
Allied Irish Bank (GB), a trading name of AIB Group (UK) | No. You must strongly advise such third parties to seek independent legal advice. Please note you should not disclose any confidential documents relating to the mortgage to any third party unless both we and the borrower provide our express consent. |
April Mortgages | Yes in accordance with paragraph 8.2. of Part 1 and provided you are satisfied that there is no conflict of interest and neither the transaction nor the documentation will be open to challenge. |
Atom Bank plc | Yes, provided you are satisfied that there is no conflict of interest and that by doing so the document being signed will not be open to challenge. |
Aviva Equity Release UK Ltd | No. |
Bank of China | No. |
Bank of Ireland (UK) plc |
No to bullet point 1 of clause 8.1 - unless you comply with the relevant special conditions set out in the Offer if the borrower has received a First Start mortgage offer. No to bullet point 2 of clause 8.1. Yes to bullet point 3 of clause 8.1. |
Bank of Ireland as Bank of Ireland Mortgages |
No to bullet point 1 clause 8.1 unless you comply with the relevant special conditions set out in the Offer if the borrower has received a First Start mortgage offer. No to bullet point 2 clause 8.1. Yes to bullet point 3 clause 8.1. |
Bank of Scotland Beginning A | No |
Bank of Scotland Beginning O | No |
Bank of Scotland Private Banking | |
Barclays Bank UK PLC |
Yes, in accordance with paragraph 8.2 of Part 1 of the Handbook and provided that the solicitor is satisfied there is no conflict of interest and that the document will not be open to legal challenge. We require that Independent legal advice be given in the following scenarios: - Where part of the loan is not for the benefit of all joint Borrowers Independent legal advice is required for the borrower not benefitting only where said part of the loan exceeds £50,000. - Independent legal advice is required for any borrower who will not also be a proprietor of the subject property - Independent legal advice is required for individuals opening a ‘Helpful Start account’ and providing a surety as part of Barclays ‘Family Springboard’ proposition - Independent legal advice is not required for occupiers signing the consent form. |
Barnsley Building Soc, a trading name Yorkshire Building Soc | Yes provided you are satisfied that there is no conflict of interest in giving such advice and by doing so the document being signed will not be open to challenge. |
Better HomeOwnership (Mortgages) | No |
Birmingham Bank | Yes |
Birmingham Midshires | Yes, provided that you are satisfied that by doing so neither the transaction nor the documentation will be open to challenge. |
Bluestone Mortgages | No. |
Bradford & Bingley Limited | Yes, if you are satisfied that by doing so the document signed will not be open to challenge and you comply with the Law Society's guidance on page 41 of the Gazette dated 30 May 2002 |
Britannia, a trading name of The Co-operative Bank plc | Yes, unless you believe there is a conflict of interest |
Buckinghamshire Building Society | Yes unless there is any conflict of interest. |
Chelsea Building Society (a trading name of Yorkshire BS) |
Yes, provided you are satisfied that: * there is no conflict of interest in giving such advice and * by doing so the document being signed will not be open to challenge. |
CHL Mortgages | No |
Clydesdale Bank plc | Yes. |
Co-operative Bank plc | Yes, provided that you are satisfied that there is no conflict of interest in giving such advice and by doing so the document being signed will not be open to challenge. |
Coutts | Advice may only be given subject to prior written approval from us. |
Coutts Finance Co | Advice may only be given subject to prior written approval from us. |
Coventry Building Society | Yes provided you are satisfied that there is no conflict of interest in giving such advice and by doing so the document being signed will not be open to challenge. |
Cynergy Bank | No. |
Danske Bank | No, they must receive independent legal advice. |
Darlington Building Society | No |
DB UK Bank Ltd | No |
Dudley Building Society | Yes, providing that there is no conflict of interest in doing so. |
Ecology Building Society | No |
Family Building Soc (a trading name of National Counties BS) |
No to 8.1 bullet points 1 and 2. Another Partner within the firm may if you are satisfied they can give independent advice and by doing so the document being signed will not be open to challenge. Yes to 8.1 bullet point 3 (unless the special conditions require independent legal advice to be obtained) and provided you are satisfied that: - there is no conflict of interest in giving such advice and - by doing so the document being signed will not be open to challenge. |
First Direct |
Yes, provided that you are satisfied that you do not have any conflict of interest which prevents you advising the third party fully. If this is not the case you must arrange for them to see an independent conveyancer. We require any borrower who is a legal owner of the property but who will not personally benefit from the loan either at all or equally with the other borrower to obtain Independent Legal Advice where either the amount or portion of the loan from which they will not benefit exceeds £50,000. You must strongly recommend to any person intending to execute a Letter of Consent and Postponement by Deed to the mortgage that they obtain Independent Legal Advice |
Fleet Mortgages | Yes, subject to the terms of our supplemental instructions. |
Foundation Home Loans |
Yes in accordance with paragraph 8.2. of Part 1 and provided you are satisfied that there is no conflict of interest and neither the transaction nor the documentation will be open to challenge. |
Furness Building Society | No |
GE Money Home Lending Ltd | GE Money Home Lending has withdrawn from the UK mortgage market. |
Gen H | No. However, your firm may advise any of the specified third parties if a separate fee earner does so and the firm does not consider there to be a conflict of interest or a significant risk of a conflict of interest which would impact the validity of the relevant document or advice given. |
Godiva Mortgages Ltd | Yes provided you are satisfied that there is no conflict of interest in giving such advice and by doing so the document being signed will not be open to challenge. |
Habito | Yes provided you are satisfied that there is no conflict of interest in giving such advice and by doing so the document being signed will not be open to challenge. |
Halifax | Yes, provided that you are satisfied that by doing so neither the transaction nor the documentation will be open to challenge. |
Halifax Loans Ltd |
Yes, if you are satisfied that by doing so the document being signed will not be open to challenge. |
Hampden & Co. plc | Advice may only be given subject to prior written approval from us. |
Handelsbanken | No. |
Harpenden Building Society |
Yes, if no conflict of interest |
Hinckley and Rugby Building Society |
Yes, if the Society has been informed, by the third party to receive the independent legal advice, that he/she wishes the same solicitor acting in the purchase or remortgage to give such advice, and you consider there is no conflict of interest. You will be sent relevant information by Principal Office, Mortgage Department, Advances Section, and a letter must be received from the solicitor giving the advice in the Society's standard format before the advance is released. |
Hodge | No |
Hodge Equity Release | No |
Holmesdale Building Society | Yes, if by separate partner and no conflict of interest. |
HSBC UK Bank plc |
Yes, provided that you are satisfied that you do not have any conflict of interest which prevents you advising the third party fully. If this is not the case you must arrange for them to see an independent conveyancer. We require any borrower who is a legal owner of the property but who will not personally benefit from the loan either at all or equally with the other borrowers to obtain Independent Legal Advice where either the amount or portion of the loan from which they will not benefit exceeds £50,000. You must strongly recommend to any person intending to execute a Letter of Consent and Postponement by Deed to the mortgage that they obtain Independent Legal Advice. |
Intelligent Finance |
Yes, if you are satisfied that by doing so the document being signed will not be open to challenge. |
Investec Bank plc | No, they must receive independent legal advice. |
ITL Mortgages | Yes provided you are satisfied that there is no conflict of interest in giving such advice and by doing so the document being signed will not be open to challenge. |
JPMorgan Chase Bank, N.A. | No. |
Kensington Mortgage Company Ltd |
No, they must receive independent legal advice for 8.1 bullet points 1 & 2. For 8.1 bullet point 3, where the third party elects to obtain independent legal advice (this is strongly recommended but not mandatory) we do not object to you advising the third party provided you satisfy yourself that there is no conflict of interest. |
Kent Reliance (a trading name of OneSavings Bank plc) | Another lawyer in your firm may act for a third party provided you are satisfied there will be no conflict of interest and your firm are able to provide independent legal advice to the third party. |
Keystone Property Finance | Yes, provided you are satisfied that there is no conflict of interest and that by doing so the document being signed will not be open to challenge |
Landbay Partners Limited | The lender does not allow you to advise any guarantor. Please see our instructions to you for our requirements in relation to independent legal advice. |
Landmark Mortgages Limited |
New Mortgage Completions Landmark Mortgages PO Box 656 Durham DH1 9LY Tel - 0330 159 7152 |
Leeds Building Society | No. |
Legal & General Home Finance Ltd | No. |
LendInvest |
Yes in accordance with paragraph 8.2 of Part 1 of the Handbook and provided you are satisfied that there is no conflict of interest and neither the transaction nor the documentation will be open to challenge. It will be a condition of any offer for a UK Limited Company or UK Limited Liability Partnership that the personal guarantors or third party security providers obtain independent legal advice. In certain cases we may accept a waiver letter in respect of the independent legal advice from a borrower who is also providing a personal guarantee. |
LiveMore Capital |
No, they must receive independent advise unless otherwise agreed by us in writing. |
Lloyds Bank plc pre fixed 20/40 | No. |
Lloyds Bank plc pre fixed 50/30/77 |
No |
Lloyds TSB Scotland plc | No |
M&S Bank |
Yes provided that you are satisfied that you do not have any conflict of interest which prevents you advising the third party fully. If this is not the caser you must arrange for them to see an independent conveyance. We require any borrower who is a legal owner of the property but who will not personally benefit from the loan either at all or equally with the other borrowers to obtain independent legal Advice where either the amount or portion of the loan from which they will not benefit exceeds £50,000 You must strongly recommend to any person intending to execute a letter of Consent and Postponement of Deed to the mortgage that they obtain Independent Legal Advice |
Magellan Homeloans | You must satisfy yourself that you are not conflicted and that the enforceability of the document being signed is not at risk of being challenged |
Manchester Building Society | No. |
Market Harborough Building Society |
No |
Masthaven Bank | No. |
Metro Bank plc | No, they must receive independent legal advice. |
ModaMortgages |
Another lawyer in your firm may act for a third party provided you are satisfied there will be no conflict of interest and your firm are able to provide independent legal advice. |
Molo Finance |
Yes, provided you are satisfied that: - there is no conflict of interest in giving such advice, and - by doing so the document being signed will not be open to challenge. |
Monmouthshire Building Society | Yes provided that you are satisfied that there is no conflict of interest in giving such advice and by doing so the document being signed will not be open to challenge |
Mortgage Agency Services | Yes unless you believe there is a conflict of interest |
Mortgage Express |
Yes, if you are satisfied that by doing so the document signed will not be open to challenge and you comply with the Law Society's guidance on page 41 of the Gazette dated 30 May 2002 |
Mortgage Express No 2 | |
MPowered Mortgages | Yes, provided you are satisfied that there is no conflict of interest and that by doing so the document being signed will not be open to challenge. |
National Counties Building Society |
No to 8.1 bullet points one and two. Another Partner withn the firm may if you are satisfied they can give independent advice and by doing so the document being signed will not be open to challenge. Yes to 8.1 bullet point 3 (unless the special conditions require independent legal advice to be obtained) and provided you are satisfied that: - there is no conflict of interest in giving such advice and - by doing so the document being signed will not be open to challenge. |
National Westminster Bank plc |
No. You must strongly recommend to anyone intending to guarantee the mortgage that they should obtain independent legal advice and provide them with a copy of the Standard Mortgage Conditions. You must strongly recommend to anyone intending to occupy the property who is to execute a consent to mortgage that they should obtain independent legal advice and provide them with a copy of the Standard Mortgage Conditions. |
Nationwide Building Society | Only those listed in bullet 3 clause 8.1 |
Nedbank Private Wealth Ltd | You must refer to us. |
New Street Mortgages |
No, they must receive independent legal advice |
NRAM Ltd | See 1.11a |
Paragon Buy to Let Mortgages |
See our Supplemental Instructions and Guidance Notes. |
Paragon Residential Owner-Occupied Mortgages | Yes, as long as you are satisfied that there is no conflict of interest. |
Paratus AMC Ltd |
Yes in accordance with paragraph 8.2. of Part 1 and provided you are satisfied that there is no conflict of interest and neither the transaction nor the documentation will be open to challenge. |
Parity Trust | No |
Pepper Money | No, they must receive independent legal advice. |
Pepper Money (PUK) | No, they must receive independent legal advice. |
Perenna | Please contact our Mortgage team by either telephone: 0330 341 2013 or Email: conveyancing@perenna.co.uk |
Platform (a trading name of The Co-operative Bank p.l.c.) |
Yes unless you believe there is a conflict of interest. |
Precise Mortgages (Charter Court Financial Services Ltd) |
Another lawyer in your firm may act for a third party provided you are satisfied there will be no conflict of interest and your firm are able to provide independent legal advice to the third party. |
Principality Building Society | No |
Reliance Bank Ltd | No |
Rooftop Mortgages Ltd | No. It is a matter for your professioanl judgement whether another solicitor in your firm may do so. |
Saffron Building Society | Yes, in accordance with 8.2 of Part 1 of the Handbook |
Sainsbury's Bank |
Yes provided: (a) you are satisfied that there is no conflict of interest in giving such advice; (b) by doing so the document being signed will not be open to challenge; (c) Our Independent legal advice form is completed |
Santander UK plc |
No. |
Scottish Building Society | No. |
Scottish Widows Bank | No. |
Secure Trust Bank PLC | No, they must receive independent legal advice. Borrowers that do not personally benefit from the loan must execute the lenders Certificate of Independent Advice form. Please refer to 1.11 where a copy is required. |
Skipton Building Society |
Yes, providing you are satisfied that you can give independent advice and the third party has agreed to retain you. Otherwise please notify: (i) Completions Team via LMS Secure Link (ii) Commercial Servicing Team and advise which firm has been retained by the third party to give the independent advice. |
St James Place Bank | Yes, if you are satisifed that by doing so the document being signed will not be open to challenge. |
State Bank of India UK |
No. Another Partner within the firm may if you are satisfied they can give independent advice and by doing so the document will not be open to challenge. Please note that where the borrower is a Company, the personal guarantees of all the Directors, Shareholders and Members of the Company will be required. State Bank of India requires the law firm, representing, the Bank, to ensure that any personal information relating to individuals is redacted from certified copies of an instrument or debenture, prior to being registered with the Companies House. This includes: 1 - All personal information relating to an individual (apart from name) 2 - and signature If you have any questions please contact State Bank of India as per 1.11a |
Swansea Building Society | Yes - provided there is no conflict of interest |
The Mortgage Business | No |
The Mortgage Lender Limited |
Yes provided you are satisfied that there is no conflict of interest in giving such advice and by doing so the document being signed will not be open to challenge. If you wish to offer such advice, you must complete our Independent Legal Advice form, which is available from our Completions Team at the address stated on the mortgage offer instructions. |
The Mortgage Works |
No, however another Partner within the firm may if you are satisfied they can give independent advice and by doing so the document will not be open to challenge |
The Royal Bank of Scotland plc |
No. You must strongly recommend to anyone intending to guarantee the mortgage that they should obtain independent legal advice and provide them with a copy of the Standard Mortgage Conditions. You must strongly recommend to anyone intending to occupy the property who is to execute a consent to mortgage that they should obtain independent legal advice and provide them with a copy of the Standard Mortgage Conditions. |
The Royal Bank of Scotland plc Direct Line Mortgages | With regard to 8.1 bullet 3 you must strongly recommend to anyone intending to occupy the property who is to execute a consent to the mortgage that they should obtain independent legal advice. |
The Royal Bank of Scotland plc Direct Line One | No.With regard to 8.1 bullet 3 you must strongly recommend to anyone intending to occupy the property who is to execute a consent to mortgage that they should obtain independent legal advice. |
The Royal Bank of Scotland plc First Active |
No. With regard to 8.1. bullet three you must strongly recommend to anyone intending to occupy the property who is to execute a consent to mortgage that they should obtain independant legal advice. |
The Royal Bank of Scotland plc Natwest one Account | No.With regard to 8.1 bullet 3 you must strongly recommend to anyone intending to occupy the property who is to execute a consent to mortgage that they should obtain independent legal advice. |
The Royal Bank of Scotland plc One Account |
No. You must strongly recommend to anyone intending to guarantee the mortgage that they should obtain independent legal advice and provide them with a copy of the conditions. You must strongly recommend to anyone intending to occupy the property who is to execute a consent to mortgage that they should obtain independent legal advice and provide them with a copy of the conditions. |
The Royal Bank of Scotland plc Virgin One |
No. With regard to 8.1, bullet three you must strongly recommend to anyone intending to occupy the property who is to execute a consent to mortgage that they should obtain independent legal advice. |
The Tipton & Coseley Building Society | No. |
Together Personal Finance Limited | Yes - in relation to the occupiers of the property. Any other contact point as detailed in 1.11a above. |
Topaz Finance Ltd | Yes if you are satisfied that by so doing the document being signed will not be open to challenge. Guarantors must not be advised by your firm. Please see Special Condition on the Offer of Advance. |
TSB Bank plc | No |
Ulster Bank |
No. With regard to 8.1 bullet three you must strongly recommend to anyone intending to occupy the property who is to execute a consent to mortgage that they should obtain independent legal advice and provide a copy of the Standard Mortgage Conditions. |
Vida Homeloans | No, they must receive independent legal advice. |
Virgin Money |
Please refer to: Mortgage Processing Operations Virgin Money Gosforth Newcastle upon Tyne NE3 4PL Solicitor Helpline: 0845 604 4858 Solicitor Email: postoffer@virginmoney.com |
Whistletree (a trading name of TSB Bank plc) | |
Yorkshire Bank Home Loans Ltd | Yes. |
Yorkshire Building Society |
Yes, provided you are satisfied that * there is no conflict of interest in giving such advice and * by doing so the document being signed will not be open to challenge. |
Zephyr Homeloans | Yes if you are satisfied that by so doing the document being signed will not be open to challenge. Guarantors must not be advised by your firm. Please see Special Condition on the Offer of Advance. |