Cumberland Building Society Solicitor Panel Recently Asked Questions from members of the public
I am in the process of selling my maisonette and the EA has just e-mailed to say that the buyers are swapping solicitor. The excuse is that Cumberland Building Society will only engage with solicitors on their conveyancing panel. Why would a leading lender only engage with certain solicitors?
Banks have always had an approved set of law firms they are willing to work with, but in the past few years big names such as Nationwide , have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 25 years.
Banks blame a rise in fraud by way of justification for the cull – criteria have been tightened and a smaller panel should be easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels, or have other concerns about them. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyer’s case. Your purchasers are unlikely to have any sway in the decision.
We are getting closer to an exchange and my parents having sent the 10% deposit to my lawyer. I am now advised that as the deposit has not come from me my lawyer needs to make a notification to my lender Cumberland Building Society. Apparently, being on the Cumberland Building Society conveyancing panel and acting on their behalf he must inform Cumberland Building Society if the balance of the mortgage advance is coming from anyone other than me. I disclosed to the bank about my parent’s contribution when I applied for the mortgage so is it really necessary for him to raise this?
Your lawyer is obliged to check with Cumberland Building Society to make sure that they are aware that the balance of the purchase price is not from your own funds. Your solicitor can only report this to Cumberland Building Society if you agree, failing which, your lawyer must cease to continue acting.
I note that you have a post code search directory listing law firms on the Cumberland Building Society conveyancing panel. Do firms pay you a commission if I instruct them for my conveyancing?
We are a listing service only for law firms wishing to communicate if they are on the Cumberland Building Society conveyancing panel or other lender panels. We do not charge referral fees to the any conveyancer that you subsequently appoint.
I am in the process of refinancing my property does my lawyer need to be on the Cumberland Building Society Solicitor panel?
In theory, you could use a solicitor that is not on Cumberland Building Society conveyancing panel, but Cumberland Building Society would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.
Is the case that all CQS (Conveyancing Quality Scheme) solicitors on the Cumberland Building Society conveyancing panel?
Some major lenders now use CQS as the starting point for Panel approval such as HSBC and Santander. CQS accreditation however gives no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to remain on their approved list of conveyancing solicitors.
I am buying a property where the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Cumberland Building Society be concerned
Given that you are obtaining a mortgage with Cumberland Building Society your lawyer must to check the Cumberland Building Society conveyancing instructions contained in the Part of CML Handbook for Cumberland Building Society . The CML Handbook contains minimum requirements for solar panel roof-space leases, and solicitors are required to report to Cumberland Building Society where a lease does not meet these requirements. The requirements relate to the installation of panels on properties in England and Wales. The CML are developing guidance for Northern Ireland and Scotland.
I recently had an offer accepted on an apartment. My mortgage broker suggested a solicitor I paid an upfront payment of 225. Soon after the conveyancers contacted me to say that they were not on the Cumberland Building Society conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Cumberland Building Society panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
