Conveyancing Explained Remortgage

Conveyancing is a legal term used in relation to a Remortgage transaction to describe the legal processes involved in securing a financial sum on a property or land, usually as a registered charge. 

Conveyancing for a remortgage can also include the removal of a previously registered charge.   The conveyancing process for the remortgage of a property is legal as well as administrative.

Often, the word conveyancing will first be heard in relation to Remortgage transaction when your mortgage lender requests your conveyancing solicitors details.  Many mortgage lenders will recommend the use of their own solicitors and some even provide free legal fees when property owners wish to remortgage, although you should remember that if you are not paying for it, the conveyancing solicitors are instructed to act for your mortgage company only and not you and are therefore concerned with protecting your mortgage lenders interest rather than yours.

Conveyancing Solicitors or specialist property lawyers called Licensed Conveyancers deal with most remortgage conveyancing transactions carried out in England and Wales and act on behalf of conveyancing clients and mortgage lenders alike. 

Conveyancing Process Explained - Remortgage

Conveyancing when dealing with a remortgage is similar in part to both a sale and a purchase conveyancing transaction.

Both an existing mortgage lender and a new mortgage lender will insist conveyancing solicitors or licensed conveyancers are instructed to act on their behalf.  You may of course instruct conveyancing solicitors of your choice providing they are acceptable to your mortgage lender.

Unlike other legal situations it is acceptable for conveyancing solicitors firms and conveyancing companies to act both on behalf of the “borrower” (the person named on the new mortgage) and the mortgage lender, however, it should be noted that should a conflict of interest arise between the individual borrower and the mortgage lender, the conveyancing solicitor or conveyancer must cease acting for the mortgage lender immediately and return any mortgage instructions sent to them.

The remortgage conveyancing process will usually begin following acceptance of the conveyancing quote for Remortgaging conveyancing costs when the conveyancing solicitors or conveyancers are instructed to proceed. 

Conveyancing Remortgage Explained

The conveyancing remortgage process is different from the conveyancing process for selling or buying a property although often resembles either one or the other type of conveyancing transaction depending on the stage reached.

It may be necessary for conveyancing solicitors to carry out conveyancing searches and check title (depending on the new mortgage lenders instructions) such as in a purchase conveyancing transaction but must also deduce title and provide the correct documents as in a sale conveyancing matter.

When Remortgaging property your conveyancing solicitors or conveyancers act to safeguard your interest in the property as well as complying and giving effect to your mortgage lenders instructions.

For a greater understanding of the conveyancing process for remortgaging a property you can read our free Conveyancing Guide to Remortgage provided to help you understand more about the various stages of a remortgage conveyancing transaction:

If you want information about another kind of conveyancing transaction, (such as buying or Transferring a property) click the relevant conveyancing guide link below:

Conveyancing Solicitors Remortgage Explained

Conveyancing solicitors have various requirements and duties to perform including providing good quality and applicable legal advice during the conveyancing for your Remortgage.

For a detailed explanation of the conveyancing solicitors and conveyancers role in your property Remortgage transaction see our conveyancing solicitors section:

Conveyancing solicitors and conveyancers roles in different types of conveyancing transactions are explained more fully in our Conveyancing Solicitors section - choose from the following links:

Conveyancing Quotes for the Remortgage of a Property

Conveyancing fees and Conveyancing costs likely to be incurred during the course of the conveyancing for your Remortgage are discussed in more detail at:

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