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Question: 8. May I also advise any of the specified third parties?
| Lender | Answer |
|---|---|
| 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 |
| Atom Bank plc | No they must receive independent legal advice |
| Aviva Equity Release UK Ltd |
No |
| Bank of Ireland (UK) plc |
No 8.1.1 - 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 8.1.2. Yes to 8.1.3. |
| Bank of Ireland as Bank of Ireland Mortgages |
No 8.1.1 - 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 8.1.2. Yes to 8.1.3. |
| Bank of Scotland Beginning A |
No |
| Bank of Scotland Beginning O |
No |
| Barclays Bank UK PLC |
Yes, in accordance with Part 1 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 that 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. |
| Birmingham Midshires | Yes, provided that you are satisfied that by doing so neither the transaction nor the documentation will be open to challenge. |
| Bradford & Bingley Limited |
Yes, if you are satisfied that by doing so the document signed will not be open to challenge. |
| Britannia, a trading name of The Co-operative Bank plc |
Yes unless you believe there is a 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 |
| 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. |
| Coventry Building Society |
For Boland situations, yes. For O'Brien situations, no. They should seek independent legal advice. |
| Danske Bank | No, they must receive independent legal advice. |
| DB UK Bank Ltd | No |
| Ecology Building Society |
No |
| 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. |
| First Trust Bank |
No |
| GE Money Home Lending Ltd | GE Money Home Lending has withdrawn from the UK mortgage market. |
| Godiva Mortgages Ltd |
For Boland situations, yes. For O'Brien situations, no. They should seek independent legal advice. |
| 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 | |
| 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. |
| HSMS | |
| Intelligent Finance | Yes, if you are satisfied that by doing so the document being signed will not be open to challenge. |
| ITL Mortgages |
For Boland situations, yes. For O'Brien situations, no. They should seek independent legal advice. |
| Kensington Mortgage Company Ltd |
No, they must receive independent legal advice for 8.1 & 8.2. For 8.3 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. |
| Landmark Mortgages Limited |
Refer to: New Mortgage Completions Landmark Mortgages PO Box 656 Durham DH1 9LY Tel - 0330 159 7152 |
| Leeds Building Society | No. |
| Lloyds Bank plc | 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 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 |
| Mortgage Express |
Yes, if you are satisfied that by doing so the document signed will not be open to challenge. |
| Mortgage Express (No 2) |
Yes, if you are satisfied that by doing so the document signed will not be open to challenge. |
| National Westminster Bank plc |
No. With regards to 8.3 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 and provide a copy of the Loan Terms and Mortgage Terms. |
| Nationwide Building Society |
Only those listed at 8.1.3 |
| New Street Mortgages | No, they must receive independent legal advice. |
| NRAM Ltd | As 1.10a |
| Platform (a trading name of The Co-operative Bank p.l.c.) |
Yes unless you believe there is a conflict of interest |
| Rooftop Mortgages Ltd |
No. It is a matter for your professional judgement whether another solicitor in your firm may do so |
| 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 Widows Bank | No. |
| The Mortgage Business |
No |
| The Royal Bank of Scotland plc |
No. With regard to 8.2 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. With regard to 8.3 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 and provide them with a copy of the Standard Mortgage Conditions. |
| TSB Bank plc | No |
| UCB Home Loans Corporation Ltd |
Yes - provided there is no conflict of interest. |
| Ulster Bank |
No. With regard to 8.3 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 and provide a copy of the Standard Mortgage Conditions. |
| 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 |
| 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. |