FAQs : The Holmesdale Building Society Solicitor Panel
from members of the public
I am progressing with the sale of my maisonette and the EA has just called to warn that the buyers are switching property lawyer. The excuse is that Holmesdale Building Society will only deal with solicitors on their conveyancing panel. Why would a big named mortgage company only engage with certain solicitors?
Mortgage companies 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 15 years.
Lenders 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 being contacted daily by practices 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.
Much to my surprise my conveyancing solicitor has informed me that he requires ID documents asserting that this forms part of his legal duty as a conveyancer on the Holmesdale Building Society Solicitor panel. This is news to me - can I refuse?
Anti-terror and anti-money-laundering rules require solicitors and licensed conveyancers to verify the identity of the person or body they are dealing with before they can accept their conveyancing business. The Terms and Conditions that you need to sign will no doubt confirm this. Your lawyer is right that Holmesdale Building Society also require certain documents to be viewed. If a you refuse to provide ID verification documents, your conveyancer would not be able to accept instructions from you. Your lawyer also has obligations to obtain certain documents in accordance with Holmesdale Building Society CML Handbook requirements last updated on Holmesdale Building Society
Whilst your website is a good idea there are many lawyers listed near London on the Holmesdale Building Society conveyancing panel. It would be a lot more helpful if you could recommend a specific firm on the Holmesdale Building Society approved panel?
We are not in the business of recommending one firm above another as the right firm for you depends on where your priorities lie. For example you may require a local firm with local knowledge or you might be looking for the low cost conveyancing. We recommend that you speak to 3 or 4 lawyers listed before you make your choice..
Can you clarify what the consequences are if my lawyer’s firm is expelled from the Holmesdale Building Society Solicitor panel prior to completion?
The first thing to point out is that, this is very unlikely to happen. 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 for a fee.
Is it the case that all conveyancing solicitors on the Holmesdale Building Society conveyancing panel work on a no sale no fee basis?
There is generally no requirements by lenders for their firms to operate on a no-sale-no-fee basis. There a small number of lenders who operate a very restricted conveyancing panel managed by a third party company (often termed in the industry as a ‘gatekeeper’). That third party may impose certain conditions such as non-sale-no fee on the panel firms. If you require this as a condition of your conveyancing then you should check with the conveyancing firm that this is part of their service
What are the common reasons for a lender such as Holmesdale Building Society to withdraw a mortgage offer?
Lenders such as Holmesdale Building Society can revoke their mortgage offer although this is unusual. If Holmesdale Building Society withdraw their offer they may or may not inform you or the lawyer as to the reasons why. There are many potential reasons but here are a number of examples:
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If the borrower informs Holmesdale Building Society of a change in the loan amount agreed
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Situations where information provided by the borrower that enabled the lender to make a lending decision is fraudulent, incorrect or misleading.
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Where the lender has to take account a recent change in taxation
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If the lender reasonably suspects that the applicant, borrower, mortgagor or guarantor is involved in any criminal or fraudulent activity, including trading in illegal drugs or other substances, theft, robbery, deception or other serious offences, or if the applicant borrower, mortgagor or guarantor has a conviction for any serious criminal offence, including theft, deception, fraud, robbery or trade in illegal drugs or other substances;
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If the lender reasonably believe that the applicant, borrower, mortgagor or guarantor is insolvent or is about to become insolvent or has or will have a petition presented or if any one or all enter into any arrangement with their creditors generally or if any one or all should suffer a material change in their financial circumstances
I had an offer accepted on a property on the 17th January 2014, valuation was booked five days after, all came back fine. Conveyancer retained, so the only thing outstanding was my mortgage offer. Having made daily calls to Holmesdale Building Society and chasing them on my offer I have now been told that my offer will not be issued unless the lawyer is on the Holmesdale Building Society conveyancing panel. Are Holmesdale Building Society entitled to hold back the Mortgage pending the lawyer being on the approved list?
A lender would not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for Holmesdale Building Society to deal with your lawyers application to be on the Holmesdale Building Society conveyancing panel. There's no guarantee that your solicitors will be accepted.