Search this site
27 results found with an empty search
- 2. Defined Terms and Interpretations | Gatehouse Bank Handb
2 DEFINED TERMS AND INTERPRETATIONS (a) Definitions i. "Bank" means Gatehouse Bank PLC of The Helicon, 1 South Place, London, EC2M 2RB; ii. "Client" means the corporate entity or individual(s) to whom the Offer Letter is addressed; iii. "Client Solicitor" or "You" mean the solicitors or licensed conveyancers appointed to act for the Client; and iv. "Diminishing Musharakah Agreement" means the diminishing musharakah agreement to be entered into between the Client and the Bank as provided to you. (b) Interpretations i. Unless otherwise defined in this deed, a term defined in the Diminishing Musharakah Agreement has the same meaning when used in this document. ii. The guidance contained in this information sheet is intended to assist you in satisfying all conditions with the Bank and the Bank's solicitors and does in not in any way limit or reduce your responsibilities either to the Bank or the Bank's solicitors. iii. You must be regulated by the Solicitors Regulation Authority or the Council for Licensed Conveyancers and have professional indemnity insurance. If your professional indemnity insurance is less than the Bank's Contribution, please advise the Bank's solicitors immediately. iv. You must advise the Bank's solicitors immediately upon any matter arising which may adversely affect the good and marketable title to the Property and in your professional opinion will be considered to affect the Bank's interest in the Property. v. In any case where you are unable to continue to act for the Client, you must advise the Bank's solicitors immediately and return all documents held by you. Back to Contents
- 9. Certificate of Title | Gatehouse Bank Handb
9. CERTIFICATE OF TITLE (COT) 9.1 Why do you need to provide a COT? One of the Bank's conditions precedents (CPs) for completion is for the Client's Solicitor to provide a signed COT in the form that has been sent to you by the Bank's solicitors. As you are aware, in a conventional setting, you would have the same firm representing client and bank. In the usual way, you would submit a COT to the conventional bank to request drawdown of funds. In Home Purchase Plans and Buy-To-Let Purchase Plans structures, due to the involvement of a lease and the landlord and tenant relationship between the Bank and the Client, each party must be separately represented to avoid any conflicts of interest. Essentially, this is a form of hybrid representation whereby the Bank’s solicitor's involvement is required to ensure compliance with the SRA Code of Conduct as well as monitor satisfaction of the finance CPs in favour of the Bank. The COT will be reviewed by the Bank's solicitors who will prepare an overview report on the security to the Bank including reference to the other documents requested from you. The Bank's solicitors do not undertake any property due diligence nor are they instructed to do so and therefore they cannot and will not provide the COT. 9.2 Who is required to sign the COT? The COT must be signed by a solicitor or Licenced Conveyancer (being a partner employed in your practice) who will be deemed authorised to sign it. Back to Contents
- 16. Policy Exceptions | Gatehouse Bank Handb
16. POLICY EXCEPTIONS Any exceptions to this policy must be approved by MCIC. Exception requests should comprise a clear rationale and support from the Banks solicitors. Additionally, these requests should be vetted by Risk and Legal Counsel, before being considered for MCIC submission. Back to Contents
- Restrictions | Gatehouse Bank Handb
Restrictions If required, please use the certificate of compliance template below. Download
- SDLT | Gatehouse Bank Handb
SDLT Please download, completed and return the SDLT Declaration signed by your client(s). SDLT Declaration (non-corporate clients only) SDLT Declaration (corporate clients only) Download Download
- 15. Searches | Gatehouse Bank Handb
15. SEARCHES 15.1 Does the Bank accept search insurance and, if yes, what are the Bank's specific requirements? Purchases You must commission full searches including local search, LLC1, environmental, drainage and water, highways, flood, chancel and any others flagged by the search provider due to the location of the property (e.g., Crossrail, HS2, Mining, etc.). These searches should be no more than 6 months old on completion other than the local search and LLC1 which should be no more than 3 months old on completion. Search validation insurance will be accepted, if the previous searches were satisfactory and are not more than 3 months beyond the dates specified above for purchases. Please note the insurance conditions contained below, under the heading Search Insurance Criteria. No search insurance is NOT acceptable for purchases. Refinance/Release of Equity Search validation insurance is acceptable, if the previous searches were satisfactory and they are no more than 12 months old or, in the case of the local land charges search 9 months old, on completion, subject to the policy meeting the insurance conditions contained below, under the heading Search Insurance Criteria. No search insurance is acceptable subject to the policy meeting the insurance conditions contained below, under the heading Search Insurance Criteria. Search Insurance Criteria Where search insurance is acceptable to the Bank as per above, the following conditions must be met: i. the Bank's contribution is less than £1 million for refinances. ii. the Property value is less than £500k for purchases. iii. the Bank is a beneficiary of this indemnity insurance until the bank’s charge is settled; iv. the Client's Solicitor and the Bank’s Solicitor are satisfied that the Bank's interests are adequately safeguarded (at Client's risk); v. the insurance covers all usual searches that would be undertaken (local, land charges, drainage, chancel, environmental, highways, etc.); vi. the insurance provider is authorised by the PRA/FCA to provide such insurance; vii. the sum insured under the policy is an amount that is at least equal to the open market value of the property; and viii. the Client’s Solicitor certifies that the title is good and marketable and provides a clear and unqualified Certificate of Title without any disclosures (save with respect to the searches covered by the policy). 15.2 Does the Bank accept personal searches? Yes, the Bank will accept personal searches. The search provider must have appropriate professional indemnity insurance in place to cover the value of the property. Back to Contents
- 13. Process Agent | Gatehouse Bank Handb
13. PROCESS AGENT 13.1 Process Agent If the Client or any Guarantor is based overseas, the Bank will require the Client/Guarantor to appoint a process agent to receive service of process in respect of any proceedings commenced by any party in the courts of in England and Wales arising out of or in connection with each Agreement to which the Client/Guarantor is a party. The form of process agent letter will be provided by the Bank's solicitors during the transaction. The process agent can be a corporate entity or an individual. The only requirement is that they must have a registered or have a residential address in England and Wales and the address and an email address will need to be noted on the letter. The Client/process agent must advise the Bank immediately if there are plans to change the process agent. In case of joint applicants, the first applicant cannot act as a process agent for the second applicant or vice versa. Back to Contents
- Home | Gatehouse Bank Handb
Solicitors' Guide Welcome to the Gatehouse Bank Solicitors' Guide. This resource has been prepared for the use of conveyancers engaged to act for Gatehouse Bank's customers in relation to Home and Buy-to-Let Purchase and Refinance Plans. Handbook Document Downloads
- Documents We Need About Occupiers and Do | Gatehouse Bank Handb
Documents We Need About Occupiers and Donors If applicable, please download, complete and return the Occupancy Declaration signed by your clients (home purchase/re-finance matters only). If applicable, please download, complete and return an Occupier's Consent, signed by each adult occupier (home purchase/re-finance matters only) . If applicable, please download, complete and return the Occupier's ILA (non-applicant spouses and civil partners only). If applicable, please download, complete and return the Donor's ILA (non-applicant spouses and civil partners only). If applicable, please download, complete and return the Donor's Consent and Undertaking (non-applicant spouses and civil partners only). Download Download Download Download Download
- 6. Funds Flow | Gatehouse Bank Handb
6. FUNDS FLOW 6.1 Finance of Deposit/Balance – Gift/Second Mortgagee Please confirm expressly if the Client will be obtaining funds from another third party to either pay for the deposit (if any) or fund the balance required to purchase or refinance the property. If funds were or are being gifted from another source, the Bank's solicitors will require a Gift Letter (setting out the details of the gift and confirmation that the donor will not acquire any interest in the property) to be signed. The donor, as an interested party, may also need to be independently advised. Please see paragraph 3.5 above for cases where independent legal advice is required. The Bank will not agree to the involvement of another financial institution in financing or taking over the property or the grant of a second charge. Please ensure that you obtain a clear bankruptcy search and insolvency act indemnity insurance policy against the donors of any gifts before completion. 6.2 Funds Held in Joint Account Funds held in the joint account used to fund the Client’s Contribution are not considered as gifted deposit. However, the Joint account holder(s) must sign a waiver of interest/ rights form but are not required to be provided with independent legal advice unless the circumstances at 3.5 apply. Back to Contents
- Documents We Need From Your Client(s) | Gatehouse Bank Handb
Documents We Need From Your Client(s) If any of your clients based overseas, please download, complete and return a Process Agent Letter. Download
- 8. Insurance | Gatehouse Bank Handb
8. INSURANCE 8.1 New Home Warranty Schemes If the property has been constructed or converted in the last 10 years a new build warranty will need to be provided. The following schemes are acceptable to the Bank: a) NHBC; b) Premier Guarantee (Including LABC); c) Building Life Plans (BLP); d) Checkmate; e) Global Home Warranties (GHW); f) International Construction Warranties (ICW); g) Protek; h) Buildzone; i) The Q Policy (Q assure); and j) Advantage HCI. k) FMB Insurance /Build Assure l) One Guarantee m) Ark Residential New Build Latent Defects Insurance n) ABC+ Warranty (10 year structural warranty) o) CGICE (Casualty & General Insurance Company (Europe) Limited ((if the final certificate is dated 04/09/2019 or earlier The limit of indemnity must be for an amount that is not less than 30% of the reinstatement value shown on the Offer Letter. Any other new homes warranty schemes not mentioned in the approved list above will need to be submitted to the Bank's solicitors for approval. A copy of the new build warranty and cover note should be sent to the Bank’s solicitor following completion. 8.2 Indemnity Insurance For any indemnity insurance provided, the limit of indemnity (sum insured) must be the full market value of the property or the purchase price (whichever is higher). Please ensure that copies of all indemnity policies are sent to the Bank’s solicitor following completion. 8.3 Absent or Insolvent Landlords The Bank will accept absent or insolvent landlords subject to Absent landlord insurance and Contingent building insurance are in place. The above is only acceptable if all the following conditions are satisfied: i. the level of cover afforded is for the full market value of the property; ii. the bank’s interest is noted or a general finance providers interest clause is included; iii. the policy contains a non-invalidation provision; and iv. that the solicitor providing the COT considers that the bank’s interest is sufficiently protected by the policy and that the property will continue to have good and marketable title 8.4 Buildings Insurance For freehold and leasehold properties, you must ensure that a valid buildings insurance policy is in place to cover against the Insured Risks and the interest of successors in title/leaseholders noted on the policy schedule for an amount that is not less than the reinstatement value shown on the Offer Letter. The Bank does not require its interest to be noted on the policy. Back to Contents
