Common questions asked concerning the M&S Bank Solicitor Panel
from members of the public
I am obtaining a offer of a mortgage from M&S Bank. I would like to employ the services of a Licensed Conveyancer. Does the M&S Bank Solicitor panel allow for Licensed Conveyancers
M&S Bank’s approved solicitor list is, like many other lenders represented by the Council or Mortgage Lenders or Building Society Association, open to Licensed Conveyancers regulated by the Council of Licensed Conveyancers.
I am purchasing a newly constructed flat and my lawyer is telling me that she is duty bound to disclose incentives from the developer as her practice is on the M&S Bank conveyancing panel. I am under pressure to sign contracts and my preference is not to prolong the conveyancing. is my lawyer taking the correct approach?
You should not exchange unless you have advised to do so by your lawyer. A precondition to being on the M&S Bank approved panel is to comply with the CML Handbook requirements (last updated for this lender on M&S Bank). The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Your search tool is useful but there are many lawyers listed near Manchester on the M&S Bank conveyancing panel. Can you recommend a specific firm on the conveyancing panel for M&S Bank ?
We do not recommend specific firms 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..
The firm that I appointed last week on my house acquisition in Newcastle has without warning shut down. I chose them because I had to have a solicitor on the M&S Bank conveyancing panel and my family lawyer was not. I gave them a cheque for £150 in advance. What should be my next steps?
Assuming that you have an Estate Agent in the equation then inform them immediately so that they can let the sellers know that there may be a slight delay due to the problems encountered. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the M&S Bank conveyancing panel and notify the lender. If you have paid over any money it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers should be in a position to help
Is the case that all CQS (Conveyancing Quality Scheme) solicitors on the M&S Bank conveyancing panel?
Some major banks and building societies now use CQS as the starting point for Panel approval such as HSBC and Santander. CQS membership however gives no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for firms wishing to remain on their approved list of conveyancing solicitors.
My brother and I have agreed a price on a flat I spoke to a lawyer recommended by my uncle and he suggested instructing a law firm approved by M&S Bank. The estate agent recommended two local firms so I asked M&S Bank if the 2 suggested solicitors are approved, which they are not. M&S Bank suggested that either firm can fill out the appropriate forms to become approved. Do I (1) save myself the aggravation and use one of M&S Bank 's conveyancing panel solicitors (2) Use the local solicitor and accept there may be delays etc as they go through the approval process.
Ask M&S Bank to suggest a law firm in your location. Most banks have lawyers on their panel throughout the UK. You can also use our search tool at the top of this page to search for a lawyer on the M&S Bank conveyancing panel based on location. If you particularly like the sound of one of the local lawyers that you have spoken to ask them if they would go onto M&S Bank conveyancing panel as it may only take about 2-3 weeks. As long as they meet M&S Bank’s requirements it can be a very simple job for the solicitor. Other stuff will be going on in parallel (as you are at an early stage) so it may not delay matters.
My ex -wife’s name is on the M&S Bank mortgage of my property but not on the land registry. The apartment was transferred to me on our divorce many years ago by way of a sealed court order. Does my ex still have a say on the sale even though the land registry showing the property in my name alone? Will I be required to take her name of the M&S Bank mortgage in order to sell?
As regards the M&S Bank mortgage, it is unusual that your ex-wife’s name remains on the mortgage but not on the title. It is conceivable that this is an oversight on the part of your conveyancers to ensure that her name was removed or even an administrative error on the part of M&S Bank in failing to update their data. In any event, it should cause difficulty providing her name no longer appears on the Land Registry title and you have a court order ordering that the property is transferred to you.