Q and A’s regarding the Loughborough Building Society Solicitor Panel
from members of the public
My husband and I are first time buyers. Within the last couple of days our property lawyer has forwarded the sale agreement to sign with a detailed report in anticipation of exchanging contracts shortly. Loughborough Building Society have this morning contacted us to advise us that there is now an issue as our solicitor is not on their approved list of lawyers. What do we do from here?
When purchasing a property with the benefit 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 Quality Scheme.
Your property lawyers should contact Loughborough Building Society and see if they can apply for membership of the Loughborough Building Society conveyancing panel, but if that is not viable Loughborough Building Society will instruct their own lawyers to represent them. You don't have to instruct a firm on the Loughborough Building Society conveyancing panel as you are at liberty to use your preferred lawyers, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.
I am buying a brand new apartment and my lawyer is informing me that she is duty bound to reveal incentives from the seller as her firm is on the Loughborough Building Society conveyancing panel. I am under pressure to exchange contracts and I have no desire to prolong the conveyancing. Is my lawyer right?
You should not exchange unless you have advised to do so by your lawyer. A precondition to being on the Loughborough Building Society approved panel is to comply with the CML Handbook requirements (last updated for this lender on Loughborough Building Society). The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I note that you have a post code search directory identifying law firms on the Loughborough Building Society conveyancing panel. Do firms pay you a referral fee if I retain them for my house purchase?
We are a listing service only for law firms wishing to communicate if they are on the Loughborough Building Society conveyancing panel or other lender panels. We do not charge referral fees to the any conveyancer that you subsequently appoint.
I was due to move into my flat last Friday. My lawyer’s firm is on the Loughborough Building Society conveyancing panel but has moved offices in the past couple of months and had not advised Loughborough Building Society of their new address. Loughborough Building Society is now refusing to release my funds as the information from the solicitors isn't correct.
This is as unusual as it is unlucky. Most lender Terms of Conveyancing Panel Appointment specifically oblige the solicitor to inform the lender of an address change. Your solicitor needs to treat this with the utmost urgency. Do speak with or register your concern with the senior partner (assuming he or she is not your direct lawyer). Most lenders would be reasonable in this situation and expedite the resolution of this issue. It may be prudent to enlist the help of your local Loughborough Building Society branch or your mortgage broker to see if they can help.
is it true that all conveyancing solicitors on the Loughborough Building Society conveyancing panel regulated by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Loughborough Building Society conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. Many lenders do allow licenced conveyancers on their panel in which case such firms would be regulated by the Council of Licensed Conveyancers (CLC).
I can not work out if my mortgage offer requires a lease extension . I have called into my local branch Loughborough Building Society on numerous occasions and was told they are content with the situation and they would lend. My solicitor - who is on the Loughborough Building Society conveyancing panel- telephoned and was told not they would not lend in accordance with their CML Handbook minimum lease term requirements. I simply dont know who is right
Your lawyer has to follow the CML Handbook Part 2 requirements for Loughborough Building Society. Unless your lawyer obtains specific confirmation in writing that Loughborough Building Society will go ahead your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask Loughborough Building Society to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.
After much negotiation I have agreed a price on a house. My financial adviser suggested a solicitor I paid an upfront payment of 175. Soon after the conveyancers contacted me to say that they were not on the Loughborough 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 Loughborough 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.