1.7 Contact point to see if the lender will lend when borrower and mortgagor are not one and the same.
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1 Santander UK plc < Back to handbook selection Part 1: England and Wales Last modified: 01/07/2017 Part 2: Santander UK plc Last modified: 03/08/2018 Print PDF Part 2 only 1.7 Contact point to see if the lender will lend when borrower and mortgagor are not one and the same. We will not lend when borrower and mortgagor are not one and the same. 1.11aContact point for standard documents. 1.11bContact point if standard documents are inappropriate May your firm act if the person dealing with the transaction or a member of his immediate family is the seller? Yes, provided that a separate partner or fee earner (acting under the supervision of another partner)acts May your firm act if the person dealing with the transaction or a member of his immediate family is the borrower? Yes, provided that a separate fee earner (acting under the supervision of another partner) acts; there is no conflict of interest and your professional guidelines are followed.
2 3.1.3 Does the lender require notification of the name and address of the solicitors firm or licensed conveyancers firm acting for the seller? Only if specifically requested to do so If different from 1.11, contact details if the lender needs to be notified when the seller does not have legal representation. Where there is an existing first charge registered on the property and the seller is not a Housing Association or Local Authority, the seller must have legal representation. In all other cases, refer to the Mortgage Operations Office instructing you What other documents are acceptable for verifying identity? None Does the lender require notification of the name and address of the solicitors firm or licensed conveyancers firm acting for the seller? Only if specifically requested to do so If different from 1.11, contact details if the lender needs to be notified when the seller does not have legal representation. Where there is an existing first charge registered on the property and the seller is not a Housing Association or Local Authority, the seller must have legal representation. In all other cases refer to the Mortgage Operations office instructing you. 4.1 Is there a valuation report and if so, does the lender provide it? Yes, in most cases. This will normally form part of your instructions and will be referred to in your instructions when it is provided to you. 4.3 If different from 1.11, contact point if assumptions stated by the valuer are incorrect. 4.5aIf different from 1.11, contact point if re-inspection required. The Mortgage Operations office instructing you. 4.5bWhere should the certificate of title be sent? The Mortgage Operations office instructing you.
3 5.1.1 If different from 1.11, the contact point if the seller has owned the property for less than 6 months: If different from 1.11, the contact point if the seller is not the owner or registered proprietor and is not listed in the exceptions above: Does the lender want to receive environmental or contaminated land reports? No,unless the valuer asks in his valuation report (and a copy of the valuation report is sent to you) for enquiries to be made. If he does then you should send details to the Mortgage Operations office instructing you Does the lender accept personal searches and, if yes, what are the lender's requirements? Yes- subject to the following. Search firm must subscribe to the Search Code, monitored by the Property Codes Compliance Board Does the lender accept search insurance and, if yes, what are the lender's specific requirements? We will not accept search insurance in place of Land Registry searches but will accept search insurance in lieu of other required searches, but only at your own risk aIf different from 1.11, contact point for reporting if evidence of breach and all outstanding conditions will not be satisfied by completion: 5.5.3bDoes the lender require an original/copy of the planning permission? No, unless your individual instructions on a particular case require this cDoes the lender require an original/copy of the building regulation consents? No, unless your individual instructions on a particular case require this dDoes the lender require certificates of lawful use or development/established use certificate? No, unless your individual instructions on a particular case require this If different from 1.11, contact point if the property is subject to restrictions which may affect its value or marketability.
4 5.7.1aDoes the lender lend on flying freeholds? Yes but we will not accept indemnity insurance if the requirements of are not met bDoes the lender lend on freehold flats? No, but we will lend if the flat comes within to of the Handbook cIf the lender is prepared to accept a title falling within 5.7 and the property is a freehold flat or flying freehold, to which contact point must this be reported? Does the lender accept security which comprises a building converted into not more than four flats where the borrower occupies one of those flats and the borrower or another flat owner also owns the freehold of the building and the other flats are subject to long leases? Yes Does the lender accept security which comprises one of two leasehold flats in a building where the borrower also owns the freehold reversion of the other flat and the other leaseholder owns the freehold reversion in the borrower's flat? If so, are there any specific requirements? Yes - where our terms and conditions agree the property can be let from completion. The position will not be acceptable if the borrower owns the other flat Does the lender lend on commonhold? If different from 1.11, contact point if there is a restriction on use. These may only be acceptable if the offer of mortgage and/or your instructions make clear that Santander was fully aware of the restriction.in all other cases report the position to the Mortgage Operations office instructing you If different from 1.11, contact point if borrower is not providing balance of purchase price from funds/proposing to give second charge. Subject to any specific provisions of the mortgage offer refer to Mortgage Operations office instructing you What minimum unexpired lease term does the lender accept? Our minimum unexpired lease term is 55 years from completion, subject to at least 30 years remaining at the end of the mortgage term (an individual case instruction may provide for a shorter unexpired term). However,
5 you must report the unexpired lease term to us and await our instructions if: 1. the unexpired term assumed by our valuer is between 55 and 82 years, but the actual unexpired term differs by more than one year (whether longer or shorter); or 2. the unexpired term assumed by our valuer is more than 82 years but the actual unexpired term is less than 82 years; or 3. no valuation report is provided We will accept a lease that has been extended under the provisions of the Leasehold Reform Act 1993 provided statutory compensation would be available to the leaseholder If different from 1.11, contact point for matters connected with the lease: Provisions which allow for ground rents to be increased over and above the Retail Price Index (or other inflation linked index) are considered to be onerous and are therefore not acceptable to the Bank. Examples of unacceptable ground rent provisions include the compounding of increases or fixed increases which are clearly above inflation expectation. Any onerous ground rent provisions should be reported to us If different from 1.11, contact for service charge matters: Does the lender accept indemnity insurance where the terms of the lease are unsatisfactory? Does the lender require a clear ground rent/service charge receipt to be sent to you? Does the lender require a receipted copy of notice or evidence of service to be sent to you? aIf different from 1.11, contact point if there is an absentee/insolvent landlord: bDoes the lender accept indemnity insurance if the landlord is absent or insolvent? We may accept indemnity insurance but the matter must be referred to the Mortgage Operations office instructing you for confirmation that indemnity insurance is acceptable and for details of any additional requirements aIf different from 1.11, contact point if there are apparent problems with the management company:
6 5.15.2bDoes the lender need to be sent the management company share certificate? cDoes the lender need to be sent the signed blank stock transfer form? dDoes the lender need to be sent the management company's memorandum and articles of association? If different from 1.11, contact point if unable to certify search entry does not relate: aDoes the lender need to be sent the power of attorney? Yes, a suitably certified copy of the power of attorney, together with a covering letter, is required to be sent to the Mortgage Operations office instructing you as soon as possible (and in any event within 7 days) after completion. If the mortgage account is to be operated under the power of attorney following completion, you must check that the power of attorney delegates the necessary powers for the operation of the account and confirm in the covering letter that this is the case. Please confirm the correspondence address for the attorney. Where the attorney is not a member of the Donor's family or a solicitor, please provide details of the relationship/association between the Donor and the attorney in the covering letter bDoes the lender need to be sent the statutory declaration of non-revocation of power of attorney? Yes, suitably certified copies of both the statutory declaration of non-revocation and the power of attorney itself, together with a covering letter, are required to be sent to the Mortgage Operations office instructing you as soon as possible (and in any event within 7 days) after completion. In addition, if the mortgage account is to be operated under the power of attorney following completion, you must check that the power of attorney delegates the necessary powers for the operation of the account and confirm in the covering letter that this is the case. Where the attorney is not a member of the Donor's family or a solicitor, please provide details of the relationship/association between the Donor and the attorney in the covering letter If different from 1.11, contact point for lending on affordable housing, shared equity and shared ownership and where relevant your requirements:
7 Does the lender require me to report to them where the lease does not meet the UK Finance minimum requirements for leases of roof space for solar PV panels? Yes. Please refer to the Mortgage Operations office instructing you Does the lender have additional requirements relating to leases of roof space for solar PV panels, and if so, what are they? You must notify the Mortgage Operations office instructing you of the existence of a lease of the roof space and provide the name of the tenant Does the lender require you to disclose the details of any existing Green Deal Plan(s) on a property? No unless there are any unusual situations or concerns then please refer to the Mortgage Operations office instructing you If different from 1.11, contact point if borrower is not taking up the mortgage offer: If different from 1.11, contact if any discrepancies in property's description: If different from 1.11, contact point for any issues relating to purchase price: Does the lender require me to report incentives? The Conveyancer does not need to report sales incentives to us if the seller is a developer and the incentive is a cash incentive not exceeding 5% of the purchase price and/or payment of legal fees and/or stamp duty land tax in respect of the purchase. Payment of the premium for chancel repair liability and/or defective title insurance is not considered to be an incentive required to be reported. In all other cases, the incentive must be reported to us. The purchase price must also exclude the value of all concessions, discounts and any other benefit provided by the seller as well as the value of any carpets, curtains, furnishings and appliances included in the sale. We do not knowingly accept applications where the proposed security is purchased by, from or through a Property Investment Club. If you become aware of such connection, or situations where a finderâ s fee (that is, a fee or commission paid by the seller to a third party (such as a Property Investment Club) for finding or introducing the borrower) has or is to be paid, please report to the Mortgage Operations office with your knowledge of the position and full details relating to it.do not proceed with the application but await further instructions If different from 1.11, contact point if we will not have control over the payment of all the purchase money:
8 6.5.1 If different from 1.11, contact point if vacant possession is not being given: If different from 1.11, contact point if property is let/to be let and to check you lend on buy-to-let: If different from 1.11, contact point when you do not have details of current letting or letting to take place at completion: Does the lender require counterpart/certified copy tenancy agreement to be sent to you? No, unless your individual instructions on a particular case require this Does the lender lend where the property comes within the definition of a house in multiple occupation? If yes, what are your requirements? Your individual instructions on a particular case will set out our requirements. We do not lend on properties subject to mandatory licensing What new home warranty schemes are acceptable to the lender? 1 NHBC Buildmark 2 Premier Guarantee (New Homes; Self Build; Completed Housing) 3 BLP (Building Life Plans) residential housing warranty insurance (BLP Secure; BLP Secure Plus) 4 BOPAS (Build Offsite Property Assurance Scheme) 5 LABC Warranty (New Homes; Self Build; Completed Housing) 6 Build Zone 10 year warranty (New Home; Self Build; Completed Housing; Basic) 7 Checkmate New Home Warranty (Castle 10; Knight 10) 8 CRL Structural Defect Insurance 9 Build Assure New Homes 10 year Structural Defects Insurance 10 Global Home Warranties 10 year Structural Defect Insurance 11 Q Assure Build (Q Policy for Residential Properties) 12. Advantage (AHCI Latent Defects Insurance Policy) 13. Aedis Structural Warranties (New Build 10; Self Build 10) 14. International Construction Warranties (ICW Residential New Build UK) 15. Protek (New Home; Custom Build; Self Build; Completed Housing) 16. Ark Residential New Build Latent Defects Scheme What new home warranty documentation should be sent to the lender? None - borrower(s) to retain.
9 6.7.3 Should any assignments of building standards indemnity schemes be sent to us? No, unless your individual instructions on a particular case require this Will the lender proceed if the property does not have the benefit of a new home warranty scheme? We will only accept properties which have been supervised by professionals who hold one or more of the qualifications listed under Part 1, with the exception of fellow or member of the Architecture and Surveying Institute (FASI or MASI). Where our security comprises of a flat in a converted property of no more than 4 units, but the warranty cannot be provided, this is acceptable provided that all our other requirements stated in the Handbook can be met Does the lender need to be sent the professional consultant's certificate? No, unless your individual instructions on a particular case require this If different from 1.11, contact point if no agreement and bond for an unadopted road or sewer: Only refer to the Mortgage Operations office instructing you in circumstances where: (i)the Developer has refused to covenant to complete/maintain the road /sewer pending adoption;or (ii)the sale is a private sale; or (iii) the loan-to-value is greater than 85% and the Developer does not have a full quote on the London Stock Exchange or is not a wholly-owned subsidiary of such a company If different from 1.11, contact point if necessary easements are absent: Who will the lender release any retentions (or instalments of the advance) to? The Borrower If different from 1.11, contact point if property is affected by redevelopment or road proposals: If different from 1.11, contact point if pre-emption rights, resale restrictions, options etc will affect the lender's security: For Shared Ownership / Special Scheme restrictions refer to the separate guidance in the Affordable Housing Schemes Guidance for solicitors and licenced conveyancers If different from 1.11, contact point if property is affected by improvement/repair grant which will not be
10 discharged: 7.3 Does the lender require a consent to mortgage from all occupants aged 17 or over? Yes. 7.4 If different from 1.11, contact point if doubts about accuracy of information disclosed: 8.1 Does the lender allow me to advise any of the specified third parties? 9.1 Does the lender need to be sent the indemnity insurance policy? Please provide only the name of the insurer, the policy number and the type of policy. 9.2 What limit of indemnity insurance does the lender require? The purchase price or (if lower) 110% of the mortgage advance. 10.2aWill the mortgage advance be paid electronically or by cheque? Electronically. 10.2bWhat is the minimum number of days notice lenders require? Five days What are the standard deductions made from the mortgage advance? Any deductions for fees will be set out in the mortgage offer 10.7 On a delayed completion, when and how is advance to be returned? Refer to our Certificate of Title for all administrative arrangements If different from 1.11, contact point if completion is delayed? Refer to our Certificate of Title for all administrative arrangements How long can you hold the mortgage advance before returning it?
11 Refer to our Certificate of Title for all administrative arrangements What, if any interest does the lender charge if return of the advance is delayed? Refer to our Certificate of Title for all administrative arrangements If different from 1.11, contact point for release of retentions/mortgage advance instalments: Does the lender require me to make a form CH2 application? Yes Does the lender need to be sent the original mortgage deed and/or any other original title documents? Where application for registration of the mortgage is made by way of the e-document Registration Service please retain the original mortgage deed on your files as HM Land Registry will not accept original mortgages or certified paper copies thereof in such circumstances Where should the title deeds and documents be sent? Santander UK plc, Deeds Services, Santander House, 201 Grafton Gate East, Milton Keynes, MK9 1AN, DX Milton Keynes. If deeds to the property are already in store and are sent to you, then they should be returned to us at this address if they are not required (for example, if a sale falls through) Which documents must I send after completion? Unless your instructions on a particular case state otherwise, you should only send to us (as soon as possible after receipt by you) the Title Information Document issued by the Land Registry following registration, together with the following, where applicable: (i) any certified copy power of attorney and/or statutory declaration of non-revocation of power of attorney in accordance with our requirements under paragraphs a and b respectively; and (ii) any Deed of Consent or Guarantee (but not where the executed deed forms part of our standard Mortgage Deed which is to be retained by the Land Registry pursuant to paragraph ) If different from 1.11, contact point for title documents: The Mortgage Operations office having conduct of the Borrower's mortgage account.
12 Does the lender have a standard form of transfer/deed of covenant? No, but we have required wording - refer to the Mortgage Operations office instructing you If different from 1.11, contact point for finding out the debt amount: Refer to the Mortgage Operations office instructing you (the Borrower should be able to confirm which Mortgage Operations office controls their mortgage account) Does the lender need to be sent the transfer of equity? Yes, a certified copy of the transfer of equity should be sent to the Mortgage Operations office instructing you aIf different from 1.11, contact point for obtaining execution of transfer equity: bWhat form of attestation clause does the lender use? The common seal of Santander UK plc was hereunto affixed by Order of the Board in the presence of: Authorised Signatory If different from 1.11, contact point for application for consent to letting: Does the lender need to be sent a copy of the proposed tenancy? If different from 1.11, contact point for confirming proposed deed or agreement will not adversely affect the lender: aWhere should the deed of variation be sent? To the Mortgage Operations office instructing you bWhere should the deed of rectification be sent? To the Mortgage Operations office instructing you cWhere should the deed of easement be sent?
13 To the Mortgage Operations office instructing you dWhere should the option agreements be sent? To the Mortgage Operations office instructing you If different from 1.11, contact point for redemption statements: Refer to Mortgage Operations office instructing you (The borrower should be able to confirm which Mortgage Operations office controls their mortgage account) aWhere do you send the discharge and repayment remittance? To the Mortgage Operations office instructing you bDoes the lender send the discharge via a DS 1 form or direct with the Land Registry? Please see your instructions.
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