Frequently asked questions relating to the Harpenden Building Society Conveyancing Panel from members of the public
My fiance and I are novices when it comes to buying a property. Within the last couple of days our lawyer has forwarded the sale agreement to sign with a detailed report with a view to exchanging next week. Harpenden Building Society have this morning contacted us to inform me that they have now hit a problem as our conveyancer is not on their approved list of lawyers. Is this a problem?
If you are buying a property with the assistance of a mortgage it is usual for the purchaser's solicitors to also act for the purchaser's lender.
In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitors should contact Harpenden Building Society and see if they can apply for membership of the Harpenden Building Society conveyancing panel, but if that is not viable Harpenden Building Society will instruct their own lawyers to represent them. You don't have to instruct a firm on the Harpenden Building Society conveyancing panel as you are at liberty to use your preferred lawyers, in which case it will likely add costs, and it may delay matters as you have another set of people involved.
My property lawyer is asking me for identification documents asserting that this is part of his legal duty as a conveyancer on the Harpenden Building Society Solicitor panel. Can you confirm whether this is the case?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offense if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage with Harpenden Building Society your lawyer also has to check ID documents to satisfy Harpenden Building Society
I am looking to buy a house and require a conveyancing solicitor in who is on the Harpenden Building Society solicitor. Could you point me in the right direction as regards a solicitor?
Our service is a directory service for firms who wish to be listed as being on the approved conveyancing panel for Harpenden Building Society . We don’t recommend any particular firm.
Please explain the implications if my lawyer’s firm is suspended from the Harpenden Building Society Solicitor panel before the moving date as agreed at exchange of contracts?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have ti instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by the regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
I am buying a property where the roof has a solar panel. Harpenden Building Society have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As your lender is Harpenden Building Society your lawyer must to check the Harpenden Building Society conveyancing instructions contained in the Part of CML Handbook for Harpenden Building Society . The CML Handbook contains minimum requirements for solar panel roof-space leases, and solicitors are required to report to Harpenden 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 have today made my last payment due on mortgage with Harpenden Building Society. I assume I don't need a solicitor on the Harpenden Building Society panel to remove the mortgage at the Land Registry. Please confirm
If you have finished paying off your Harpenden Building Society mortgage they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Harpenden Building Society mortgage from the register. Harpenden Building Society,and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
but are not moving to another property
where the Harpenden Building Society has sent the Land Registry the discharge electronically, and
the Harpenden Building Society has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your Harpenden Building Society mortgage has been paid off.
Intending to buy a house with a mortgage with Harpenden Building Society. I have received an online quote from a licensed conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Harpenden Building Society conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that they are on the Harpenden Building Society conveyancing panel
