Examples of recent questions relating to the M&S Bank Solicitor Panel
from members of the public
The conveyancer I had intended to instruct on a purchase said she would charge more if my lender is due to their difficult processes! Will I regret using M&S Bank? Any comments will be appreciated
M&S Bank conveyancing requirements for their panel are no better or no more complicated than most lenders.
It is the case now the CML Handbook, the "bible" used by solicitors to establish lender requirements, is different for each lender.
It is not clear if your lawyer is on the M&S Bank conveyancing panel. If they are not, this does add further risk of delay as M&S Bank will appoint their own solicitors to look after their interest.
Our solicitor has discovered a legal deficiency with the lease for the apartment we are purchasing. The seller’s lawyers have put forward title insurance as a solution. We are happy with insurance and will cover the costs. Our solicitor has advised that as he is on the M&S Bank conveyancing panel he must be satisfied that the lender is happy with this solution. Are we the client or is M&S Bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and M&S Bank are the client. 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 Handbook conditions require your lawyer to disclose issues such as defects will the lease so that M&S Bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
How do I search for a local solicitor on the M&S Bank conveyancing panel? I have a car and am prepared to travel up to 10 kilometers to meet the lawyer.
You can use the find a conveyancing panel tool on this website. Please choose the lender and your location and you will see a number of lawyer located nearest you. Alternatively you can type in the name of your proposed law firm and see if they are listed as being on the M&S Bank solicitor panel.
I am considering applying for a M&S Bank mortgage for purchase of a new build (under development) with 60% loan to value. Is it compulsory to choose a solicitor on the conveyancing panel for M&S Bank?
There is nothing to stop you using your solicitor but M&S Bank will insist on their interests being represented by a firm on their conveyancing panel. There is greater potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.
Why might a lender such as M&S Bank withdraw a mortgage offer?
Banks and Building Societies such as M&S Bank can withdraw their mortgage offer although this is unusual. In the unlikely event that M&S Bank withdraw their offer they may or may not inform you or the lawyer as to their reasoning. There are many potential reasons but here are 5 examples:
-
Many mortgage offers have an expiry date. Your lawyer should check this. M&S Bank may amend or withdraw an offer before the end of its validation period if an offer extension is requested and following a re-evaluation of the property the value of the security is below a level which is acceptable to them.
-
A cashback to the buyer, or | part of the price includes a non-cash incentive to the buyer (eg paid stamp duty land tax),or | any indirect incentive (cash or non cash) or rental guarantee, of which the lender was previously unaware
-
Situations where information provided by the borrower that enabled the lender to make a lending decision is fraudulent, incorrect or misleading.
-
Where the purchase price and borrowers direct contribution differ to details on the mortgage application form completed by the borrower
-
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;
Completion of my purchase has taken place with a mortgage from M&S Bank. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about M&S Bank. Who do I contact should I wish to lodge a complaint?
All lenders have complaints procedures. Your first port of call should be one of the M&S Bank branches or the Customer Services Team at M&S Bank head office. In most cases complaints to M&S Bank are resolved effectively and efficiently. However if you are not satisfied that the matter is resolved you can write to the
Financial Ombudsman Service who will take matters further.
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.