Halifax - "written instructions" to exchange

Marzia_90

Hi there,
I'd be very grateful for your opinions if anyone is in the same situation.
I've received a mortgage offer from Halifax last Thursday (17/09). Part of the deposit is a gift (Halifax was aware of this as we supplied the Gifted Deposit Letter when submitting the application) however due to specific circumstances, the solicitor has had to report the gift to Halifax in accordance with the CML Handbook (I think this is due to the fact the solicitor cannot carried out bankruptcy searches of the person gifting as they are based overseas) and we are currently waiting for Halifax's written instructions to exchange. It is a new build and the developer has agreed to extend the 28 days' deadline a couple of time. The 30th of September is their latest offer to complete. I am therefore very anxious and stressed (and solicitor is not really communicating much) as we really need this consent to exchange as soon as possible. If anyone has been in a similar situation, what timeframe should I expect for Halifax to consider the request?
Can I call Halifax directly to ask for an update using the number of the mortgage offer?
Thank a lot!

Thrugelmir

Has your solicitor commenced the legal work prior to receiving the mortgage offer?  

No need to become involved in matters as you'll contribute nothing to the process.

Marzia_90

Yes everything is done. We are literally just waiting for Halifax to confirm they are happy to proceed in accordance with rule 5.13.1 of the CML Handbook, which I copied below. 

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5.13.1 If different from 1.11, contact point if borrower is not providing balance of purchase price from funds/proposing to give second charge.

We do not require you to report a gifted deposit subject to you being satisfied that the following conditions are met:
The property is being purchased to live in and will not be let.
The gift is from an immediate family member(s), who confirms it is not repayable. Gifts from unrelated third parties, including friends and employers are not acceptable.
The family member(s) must be related to one of the borrower(s) by any of the following (see also the definition in Part 1, paragraph 1.13);
• birth/blood relative
• spouse or civil partner, child, step children, adopted children and in-laws
• A co-habitee
A Deed of Trust or Second Charge to protect the gifted deposit is not acceptable.
You must continue to report a gifted deposit from a family member who is also the Vendor. Note we do not accept family gifted deposits in Buy to Let transactions where the Vendor is a family member.
Where a gifted deposit is acceptable you must obtain and retain on your file a letter, addressed to you, signed by each individual family member(s) gifting the deposit which confirms the following information;
• The name and address of the family member gifting the deposit
• Their relationship to the borrowers(s)
• The name and current address of the borrower(s)
• The address of the property being purchased
• The amount being gifted and the source of the funds
• That the gift is not repayable and the family member(s) providing the gift will not acquire an interest in the property
• The letter must be dated within 3 months of completion
You must ensure clear bankruptcy searches are carried out against the borrower and all parties contributing to the balance of the purchase price. You must notify us if you cannot obtain clear searches.
You should report any other circumstances where the balance of the purchase price is not being provided in accordance with Part 1 and in doing so must wait for our written instructions prior to proceeding. Please write to our Customer Services Centre (see offer for address and fax number).