Remortgage Process Guide
Remortgage Process Guide
Date: 21/06/2023
Dear Mr Byrne,
Welcome to LMS, who are managing the legal aspect of your remortgage with HSBC UK. The service includes:
HSBC UK paying the cost of your basic professional fees for your remortgage
24/7 online case tracking
High quality service
HSBC UK have appointed us to manage a panel of law firms to ensure that consistent high quality service standards are delivered to you. Our
customer services team can be contacted using the below details:
Please take the time to read the Frequently Asked Questions and What Happens Next information included within this pack.
Please return your signed declaration and mortgage deed to the law firm as soon as possible, as this is your instruction to proceed. The law firm will
begin work on your remortgage as soon as they receive your mortgage offer from your lender. From receipt of the mortgage offer and borrower
questionnaire the law firm will make initial progress with your case without the need to make contact directly with you.
This preliminary work, which includes completing title checks and reviewing documents, typically takes three weeks and ensures that the legal
requirements are satisfied. During this time, you do not need to contact them. If the law firm requires any additional supporting information they
will contact you.
Law Firm
The law firm who will be dealing with your Remortgage is:
ONeill Patient Solicitors LLP - Stockport
2 Stockport Exchange
Stockport
SK1 3GG
What happens next?
6992062-CG-21/06/2023
If you have successfully opted in to sign your Mortgage Deed at [Link] this pack will not include your Mortgage Deed to sign, so you can
ignore the bullet point instructions below.
11. Where there are surplus funds (Home Owner Loans) these will be paid into an account held in the names of all borrowers stated in the
mortgage offer. Where there is more than one borrower, the law firm will pay any Home Owner Loan to you jointly, unless all borrowers
have signed the relevant single payment authority with the attached questionnaire. If you require these additional funds paying into a bank
of building society account other than a HSBC UK bank account please enclose an original or certified copy of a recent statement (no more
than three months old). A copy will be accepted if certified by a solicitor, legal executive, conveyancer, bank or building society manager (not
HSBC UK) or independent financial advisor.
The completed documents and original signed mortgage deed (unless you have successfully opted to sign this at [Link]) should be
returned to:
ONeill Patient Solicitors LLP - Stockport
2 Stockport Exchange
Stockport
SK1 3GG
If you decide at any point not to proceed with your case please inform us immediately by contacting us using the details provided previously. By
letting us know it will ensure that both LMS and the law firm will stop contacting you.
Identification Information
The law firm is required to confirm your identity to comply with your Lender's instructions and current money laundering regulations. These checks
are separate to those already made by your Lender. To do this they will carry out electronic identification checks in the first instance. Please note if
the result of the electronic check is unsatisfactory they may require certified copy documents from you.
The information set out below explains the requirements if certified copy documents are needed. You do not need to provide these at this stage. The
law firm will confirm to you if any further ID is required.
Acceptable Documents
If required please send to the law firm:
-A certified copy of one document from List A and
-A certified copy of one document from List B.
List A List B
A valid full passport Utility bill less than 3 months old (such as a gas, electricity or phone bill)
A valid UK photocard driving licence Council Tax Bill less than 3 months old
A valid HM Forces identity card with the signatory’s
Mortgage Statement for the mortgage accounting year just ended
photograph.
UK debit or credit card with account statement less than 3 months old
If you cannot send a certified copy of one document from List A, you must send certified copies of two documents from List B. For example, two
certified copy utility bills or a certified copy utility bill and a certified copy Council Tax Bill.
Authorised ID certifiers:
The following people can make certified copies of your evidence of identification. Please note they may make a charge for this service:-
-A Solicitor/Legal Executive/Licensed Conveyancer
-Independent Financial Advisor (Financial Conduct Authority or Prudential Regulation Authority Regulated)
-Where the customer does not reside in the United Kingdom but is looking to remortgage or purchase a property in the UK you must obtain
certified copies of the borrower’s identification documents. The identification documents can be certified by a solicitor in the country where
the customer resides. You are required to satisfy yourself that the person certifying the identification documents can be verified.
The certifier must verify each copy document by writing the following statement on the front of it:-
"I certify that I have seen the original document and this copy is a complete and accurate copy of the original which appeared to be authentic.
Where the document contains a photograph, the photograph contained in the document bears a true likeness to the person requesting this
certification."
Please note it is important that you only send certified copies, your originals are not required. If you send originals they will not be returned.
Fees
HSBC UK have agreed to pay the law firm’s basic professional fees, typically worth around £200, for the standard legal work required in connection
with your remortgage.
In certain circumstances the law firm will need to conduct non-standard work on your behalf. The cost of any applicable additional services will be
confirmed to you by the law firm before work commences. The table below illustrates fees for some of the most common additional services and a
full list is included within this pack:
If you decide not to proceed with the mortgage, but wish to instruct the law firm to act for you, then you will become responsible for all of the law
firm's costs.
Under this remortgage service, the law firm will act only for HSBC UK, and are unable to provide you with legal advice on your mortgage. Any advice
disclosed to you by HSBC UK’s nominated law firm is disclosed as information only, and not disclosed for your benefit. For this reason, HSBC UK
recommend that you obtain separate independent legal advice.
[Link]
You can track the progress of your case online which provides you with: key milestone updates; option to sign up to text/SMS updates; ability to view
key documents; contact details for the law firm case handler as well as LMS; and frequently asked questions.
Yours sincerely
Customer Support
Below is a list of the most frequently asked questions regarding the legal work on a remortgage. Please take the time to read the questions as they will assist in the
completion of your remortgage.
The most common items that delay conveyancing are: slow customer responses; contact with third parties (e.g. search providers or landlords); receipt of mortgage
offer from the new mortgage lender; and a redemption statement from an existing lender. The law firm is unable to begin work on your remortgage until they have
received your fully completed and signed questionnaire (attached) and have received the mortgage offer from your lender.
The law firm may require you to provide monies up front or on account for disbursements that are incurred during the transaction rather than at completion, for
example property searches. This is because the documents need to be purchased early in the transaction. Disbursements are non-refundable.
Why do I have to provide information to the law firm when I have already provided this to the mortgage lender and/or broker?
Your law firm is required by their own legislation to check the authenticity of the application.
What is a shortfall?
A shortfall is where your law firm require additional funds from you to pay off your existing mortgage. This will occur when you’re borrowing less money from your
new lender than you need to pay to your existing lender. For example, your new mortgage may be £150,000 and your existing mortgage £150,500 meaning that your
law firm will require £500 from you to be able to complete.
The below table lists the main stages involved in a straightforward remortgage, along with who is responsible for each of the stages, and an
explanation of what is involved.
You can track the progress of your case online using [Link]/TrackMyCase. The site provides you with key milestone updates, the ability to view
key documents and the option to sign up to text/SMS updates. Contact details for the law firm case handler as well as LMS, and frequently asked
questions can be found here too.
The law firm has received the instruction, created a file and started preliminary
Case Accepted Law Firm
work.
The law firm obtains Official Copies of the property register from the Land Registry
Confirmed Legal Title Law Firm or the title deeds if your property is unregistered to confirm ownership of the
property and whether there are any existing mortgages on the property.
The initial questionnaire, along with associated documents, are key to the law firm
Questionnaire Received from
Customer progressing your case and you should return these as soon as possible, even if you
Customer
don’t intend to complete for some time.
In addition to checks that your mortgage lender may have completed, the law firm
Customer Identification is required by legislation to verify your Identification. The checks may be electronic
Customer
Confirmed or you may be required to provide copies of certain documents. The law firm will let
you know what information is required.
The law firm has received your signed mortgage deed. The mortgage deed will
Mortgage Deed Received Customer
remain undated until the remortgage has completed.
Your new mortgage lender will usually send a copy of the mortgage offer to you and
Mortgage Offer Received Mortgage Lender the law firm. A mortgage offer contains details about the terms on which the
mortgage lender will lend you the money.
If you have an existing mortgage on the property, the law firm are required to
confirm the amount of the loan with your existing lender, this is done by obtaining a
Redemption Statement
Law Firm Redemption Statement. Your existing lender may make a charge for providing the
Requested
redemption statement to the law firm. You may want to check this with your
existing lender.
The redemption statement has been received. The law firm will check this with the
Redemption Statement details you have given in your questionnaire and will let you know if there are any
Existing Mortgage Lender
Received differences. A copy of the redemption statement will be sent to you towards the
end of the transaction with a full completion statement.
The Certificate of Title (COT) will be completed by the law firm and sent to the
Request for Funds Submitted Law Firm mortgage lender requesting the mortgage funds. Release of funds typically takes 3
days.
Congratulations. The transaction has completed. The existing mortgage has been
Completion All Parties repaid and your new mortgage starts from today. You will receive a letter from your
new mortgage lender with details of your new repayments shortly after this date.
Application Sent to Land The law firm will register the new mortgage with the Land Registry and ensure your
Law Firm
Registry old mortgage is removed from their records.
The law firm has dealt with all post completion requirements repaying your old
Registered Law Firm
mortgage and registering your new mortgage with the Land Registry.
HSBC UK Additional Fees
6992062-CG-21/06/2023
If you, or any third parties, require additional work or services to be completed above that of the standard legal work, you will be required to cover
the costs. Costs for the most common additional work or services have been agreed between HSBC UK, LMS and ONeill Patient Solicitors LLP -
Stockport; please find below a copy of the agreed fees. As soon as the law firm becomes aware that the transaction will involve any additional work,
they will contact you setting out the exact costs that will apply. They will not undertake any additional work until they receive your confirmation that
you are happy to proceed.
Additional searches, office copies, plans Variable third party costs only
Buy to Let:
£95.00
- Drafting a new assured shorthold tenancy agreement
Note: the Panel Firm may only act for the customer in preparing a
£195.00
Declaration of Trust if the customer has also instructed the firm to
complete a Transfer of Title. The Declaration of Trust must be approved
by HSBC before the Certificate of Title is submitted to HSBC.
£95.00
First registration at Land Registry
All disbursements above £40.00
First registration in Scotland (from Sasine Register, excluding
disbursements)
£95.00
(Complex registration will incur higher fees which your law firm will
confirm)
Forwarding a copy title information document/ updated registers of title
£10.00
to customer
Help to Buy (HTB) Equity Loans, removal of 2nd charge and additional
£75.00
work to deal with settlement of the loan.
Cost for the insurance policy only.
Indemnity Insurance
No fee to be charged for arranging the policy.
Indirect lending – where customer and owner differ, completing additional Total fee £125.00 Split as follows:
checks for HSBC, and dealing with the customer’s law firm in connection £31.00 Paid by HSBC
with the requirements for independent legal advice £94.00 Paid by customer
Independent Legal Advice - additional advice given by a customers own Fees dependent on solicitors used by customer for independent
law firm where they are not benefitting from the transaction legal advice
England & Wales, Scotland:
Land Registry Amendments or Corrections:
£10 plus VAT per change
- registration address;
- Name (on marriage or deed poll change)
Northern Ireland:
- Verifying the borrowers name or address to Land Registry
£25 plus VAT per change plus disbursements
Any notice fee payable to the landlord/management company in
Landlord/Management Companies
6992062-CG-21/06/2023
Disbursements include:
£2.00
- bankruptcy search for outgoing party
£2.54
- electronic identification check for outgoing party
£3.00
- copy Land Registry filed plan
Where applicable
- Stamp Duty Land Tax
In accordance with Land Registry fee scale
- Additional Land Registry fees
There may be some situations where, to protect HSBC's interest, an indemnity insurance policy will be required. Some examples include: transaction
6992062-CG-21/06/2023
at undervalue, when the title is being transferred to someone at less than the market value; good leasehold; and gifted money from a third party.
The law firm will contact you separately to confirm whether this is needed and the amount payable.
In addition to this, customers opting to use their own law firm to undertake a piece of additional work in support of their re-mortgage, whether the
law firm is CQS accredited or not, are required to pay the LMS panel firm a separate representation fee equivalent to the cost of the LMS panel firm
undertaking the work themselves.