1.6 Contact point to see if the lender will lend when borrower and registered owner are not one and the same.

Transcription

1 Santander UK plc < Back to handbook selection Part 1: Scotland Last modified: 01/07/2017 Part 2: Santander UK plc Last modified: 16/07/2018 Print PDF Part 2 only 1.6 Contact point to see if the lender will lend when borrower and registered owner are not one and the same. We will not lend when borrower and proprietor 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 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 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.

2 3.2 Does the lender require notification of the name and address of the solicitors firm or independent qualified conveyancer acting for the seller? Only if specifically requested to do so. 3.3 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 security 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 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 them if it is provided to you If different from 1.11, contact point if assumptions stated by the valuer are incorrect aIf different from 1.11, contact point if re-inspection required bWhere should the certificate of title be sent? If different from 1.11, contact point if the seller has owned the property for less than 6 months aDoes the lender accept property enquiry certificates from private firms? No - but the Conveyancer may do so at his own risk bDoes the lender accept search insurance? No - but the Conveyancer may do so at his own risk 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 us.

3 5.4.2aIf different from 1.11, contact point if the seller is not giving adequate undertaking to comply with outstanding planning permission and building regulation conditions before settlement bDoes the lender require an original/copy of the planning permission? No cDoes the lender require an original/copy building warrants? No dDoes the lender require other consents/certificates? No If different from 1.11, contact point if the property is subject to restrictions which may affect its value or marketability If different from 1.11, contact point if there is a restriction on use. These schemes 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 own funds /proposing to give second charge. Refer to Mortgage Operations office instructing you - subject to any overriding terms of the mortgage offer Does the lender accept long lease titles as security? Our minimum unexpired lease term is 55 years unexpired from completion subject to at least 30 years remaining at the end of the mortgage term. However, if the unexpired term from completion is between years and (a) this is not mentioned in any valuation report provided to you; or (b) no valuation report is provided then you should advise us and not proceed further until we have confirmed whether this is acceptable to us If different from 1.11, contact point if unable to certify search entry does not relate.

4 Does the lender need to be sent the original, an extract or a certified copy of 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 If different from 1.11, contact point for lending on affordable housing, shared equity and shared ownership and where relevant your requirements: Does the lender require you to disclose the details of any existing Green Deal Plan(s) on a property? No unless there are 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 vendor is a builder of a new build property and it is a cash incentive of less than 5% of the purchase price and/or payment of legal fees and/or stamp duty in respect of the purchase. 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 vendor 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

5 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 I will not have control of the purchase price 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 Does the lender need to be sent the counterpart/certified copy tenancy agreement? No, unless your instructions state otherwise aConditions that apply to the letting: Refer to Mortgage Operations office instructing you unless: (i) the tenancy is a Short Assured Tenancy drawn up under the Housing (Scotland) Act 1988 and the borrower must give the tenant(s) notice in writing before the tenancy begins (on form AT5) that the tenancy is a Short Assured Tenancy, and that possession of the property may be recovered under either Ground 1 or Ground 2 of Schedule 5 of the Housing (Scotland) Act The term of each Short Assured Tenancy agreement must not be more than three years. or (ii) A Private Residential Tenancy granted under Private Housing (Tenancies) (Scotland) Act 2016 ("the Act") with any appropriate pre-tenancy notices having been served. Notice in writing must be served on the tenant(s) before the tenancy begins that the tenancy is a Private Residential Tenancy and that possession of the property may be recovered under Schedule 3 of the Act 6.6.3bIf different from 1.11, contact point if property already let and these requirements not met cIf different from 1.11, contact point for any failure to register under on the register of landlords. It is the responsibility of the landlord to be registered/licensed in accordance with Housing regulation 6.6.3dIf different from 1.11, contact point to report any failure by the borrower to obtain licence under the Civic Government (Scotland) Act 1982 (Licensing of houses in Multiple Occupation) Order 2000 as amended. It is the responsibility of the landlord to be registered/licensed in accordance with Housing regulation

6 6.7.1 What new home warranty schemes will the lender accept? 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? Where title is registered in the Land Register - None, borrower(s) to retain. Where title is recorded in the General Register of Sasines - All of the relevant documentation provided in respect of the Scheme, after settlement Should any assignments of building standards indemnity schemes be sent to the lender? Where title is registered in the Land Register - No, borrower(s) to retain. Where title is recorded in the General Register of Sasines - Yes, if any assignations are provided, these should be sent to us with the other documentation, after settlement Does the lender accept monitoring by a professional consultant? 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) Does the lender need to be sent the professional consultant's certificate? Where title is registered in the Land Register - No, borrower(s) to retain. Where title is recorded in the General Register of Sasines - Yes, after settlement If different from 1.11, contact point if no bond/retention for an unadopted road or if no public sewer or approved private sewerage.

7 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 property not served by public sewer or by private sewerage arrangements with necessary approvals. Please contact the lender direct If different from 1.11, contact point if necessary servitudes 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 and road proposals If different from 1.11, contact point if pre-emption rights, resale restrictions, options etc will affect your 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 discharged. 8.1 May I also advise any of the specified third parties? No. 9.1 Does the lender need to be sent the indemnity insurance policy? Where title is registered in the Land Register - No, however, you must provide the name of the insurer, the policy number and the type of policy. Where title is recorded in the General Register of Sasines - Yes, after settlement.

8 9.2 What limit of indemnity insurance do you 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? 5 working days wherever possible What are the standard deductions made from the mortgage advance? Any deductions for fees will be set out in the mortgage offer On a delayed completion, when and how is advance to be returned? Please refer to our Certificate of Title for all administrative arrangements If different from 1.11, contact point if settlement delayed. Please refer to our Certificate of Title for all administrative arrangements How long can you hold the mortgage advance before returning it? Please 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? Please refer to our Certificate of Title for all administrative arrangements If different from 1.11, contact point for release of retentions/mortgage advance instalments aDoes the lender require to receive paper certificates where security registered pre 8 December 2014? Yes. Paper Certificates to be sent to : Santander UK plc Deeds Services, Santander House, 201 Grafton Gate Eat, Milton Keynes MK9 1AN. DX Milton Keynes

9 14.1.3bDoes the lender require in respect of securities registered on or after 8 December 2014 you to instruct the Registers of Scotland on your application form to send direct notification to the lender s designated address that registration of its standard security has been completed? If yes please specify the address OR Yes. Send direct notification to: oc@santander.co.uk cDoes the lender require in respect of securities registered on or after 8 December 2014 you to send a paper or electronic copy of the updated Title Sheet showing the registration of its standard security? Yes. Send an electronic copy to: oc@santander.co.uk 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. e.mail: Which documents must you send after settlement? Only documents required are where applicable: (a) LAND REGISTER You should send a PDF copy of the updated title sheet and cadastral map that you receive from the Registers of Scotland to oc@santander.co.uk b) GENERAL REGISTER OF SASINES (for standard securities recorded prior to the closure of the Sasine Register) Where title is recorded in the General Register of Sasines, all those as set out in Part 1 of the Lender's Handbook and in our standard Deeds Schedule, including the standard security, a full prescriptive progress of Titles and relative ancillary documentation. (c) FOR ALL CASES (where applicable): (i) any personal guarantee; (ii) any certified copy power of attorney in accordance with our requirements pursuant to paragraph ; and (iii) any Consent or Declaration under the Matrimonial Homes (Family Protection) (Scotland) Act 1981, as amended, and under the Civil Partnership Act 2004, as amended If different from 1.11, contact point for requesting the deeds. The Mortgage Operations office having conduct of the Borrower's mortgage account Does the lender have a standard form of deed of variation? No, but we have a preferred style. Please contact the Mortgage Operations office instructing you.

10 If different from 1.11, contact point for finding out the debt amount. Mortgage Operations office having conduct of the Borrower's mortgage account If different from 1.11, contact point for obtaining execution of deed of variation If different from 1.11, contact point for application for consent to letting Does a copy of a proposed tenancy need to be sent to the lender? No Conditions for letting of property after settlement. Please refer to the Mortgage Operations office instructing you who will provide the conditions of consent If different from 1.11, contact point for confirming proposed deed will not adversely affect the lender aWhere should the deed of restriction be sent for execution: bWhere should the deed of servitude be sent for execution: If different from 1.11, contact point for requesting redemption statement? Where do you send the discharge and repayment remittance? Does the lender allow completion and registration of standard security on ARTL? Not unless your instructions state otherwise.

11 Will the lender digitally execute the discharge? Not unless your instructions state otherwise.