Conveyancing Solicitors Remortgaging

Conveyancing Solicitors are usually instructed by clients who are remortgaing a property. 

Conveyancing is a legal term used to describe the process involved in securing sums of money on a property such as that involved in a Remortgage Conveyancing Transaction. 

When Remortgaging a Property the conveyancing solicitors or conveyancers will also act on behalf of both the outgoing mortgage lender and new mortgage lender in relation to the conveyancing.

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Online Conveyancing Solicitors - Remortgage

Online conveyancing solicitors offer an online conveyancing service to borrowers when Remortgaging a property. Online Conveyancing processes currently used by conveyancing solicitors when dealing with property Remortgage can vary across conveyancing providers.  Some conveyancers  and conveyancing solicitors advertise online with a website or by way of listings on a website provided by a legal services broker.  They may then not offer any further online advantages.

Dedicated online conveyancing solicitors can provide an effective and efficient online conveyancing service for Remortgaging a property by providing most legal documents and reports to clients by email, utilising online services to carry out conveyancing searches via the Law Society’s recommended online NLIS hub and by accepting electronic delivery of documents and services from organisations such as the Land Registry, Local Authorities (where available) and Inland Revenue.

Will I need Conveyancing Solicitors for Remortgaging a property?

Remortgaging will almost invariably require the services of conveyancing solicitors or licensed conveyancers.  Do it yourself conveyancing is not impossible, however, mortgage lenders will not accept you acting on their behalf and will insist conveyancing solicitors or conveyancers are appointed to act for them.  If you fail to instruct solicitors yourself your mortgage lender will instruct conveyancing solicitors directly to act for them.  You will be responsible for your mortgage lenders legal fees in any event, therefore it may prove less costly and more efficient for you to take control and instruct your own chosen conveyancing solicitors or conveyancers.

Conveyancing Solicitors Services - Remortgage of a Property

Dealing with a property sale and purchase on your behalf includes various duties for your conveyancing solicitors or conveyancers:

  • Providing costs and complaints information
  • Giving advice, taking instructions and reporting on any conveyancing searches required for the purchase property
  • Reporting full details of all legal aspects in relation to the Remortgage of the property
  • Ensuring correct execution of all legal documents in relation to the Remortgage
  • Confirming the clients Identity to government institutions including the Land Registry
  • Giving legal advice in relation to obligations created with the new mortgage
  • Giving legal advice in relation to the correct execution of the mortgage Deed

Conveyancing solicitors duties for a mortgage lender for a Remortgage conveyancing transaction include ensuring:

For the outgoing Mortgage Lender

  • Mortgage lenders instructions are followed and complied with
  • Full and sufficient funds are available for mortgage redemption (repayment)
  •  Receipt of the remortgage monies as agent for the mortgage lender
  • Redemption of the mortgage on completion of the new mortgage in accordance with the mortgage lenders formal instructions
  • The Mortgage is formally discharged and removed from the property register

For the new Mortgage Lender

  • Compliance with the mortgage lenders formal instructions
  • Checking title to the property is “good and marketable” and represents suitable security for mortgage purposes
  • Adequate protection is obtained and placed on risk (where required)
  • Conveyancing searches required under the Council for Mortgage Lenders current rules are obtained and are acceptable for lending purposes
  • Preparation and execution of the Mortgage Deed/Legal Charge/Security Documents
  • Compliant buildings insurance arrangements are effected
  • Post completion matters are dealt with correctly and within set time limits
  • The new Mortgage is provided to and registered with the Land Registry within set time limits
  • Deeds and Documents required are delivered to the mortgage lender following registration of the new lenders charge

The details provided are not exhaustive and are intended only to provide information (and not legal advice) to the general public about the duties your conveyancing solicitors or conveyancers are required to perform when acting on your behalf when Remortgaging a property.  For further information on the Remortgage conveyancing process see our Free Conveyancing Guide to Remortgaging a property.

Further information on the legal conveyancing work carried out by conveyancing solicitors during the course of a property transaction click the required property transaction type:

Conveyancing Solicitors

To obtain an estimate of costs for a conveyancing transaction, other than a remortgage conveyancing matter choose from the following links:

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Use our Conveyancing Calculator for Remortgage Conveyancing Solicitors Fees Online.

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