Frequently asked questions relating to the Marsden Building Society Solicitor Panel
from members of the public
A solicitor I had intended to instruct on a purchase said he would charge more if my mortgage is with Marsden Building Society due to their unusual legal requirements. Will I regret using Marsden Building Society? Is Marsden Building Society conveyancing so much more difficult?
Marsden Building Society 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 Marsden Building Society conveyancing panel. If they are not, this does add further risk of delay as Marsden Building Society will appoint their own solicitors to look after their interest.
My lawyer has uncovered a difference when comparing the surveyor’s assumptions in Marsden Building Society’s valuation report and what is revealed within the legal papers for the property. My lawyer has advised that as he is on the Marsden Building Society conveyancing panel he is obliged to check that the lender is with this discrepancy and is still content to lend. Is my solicitor’s course or action right?
A precondition to being on the Marsden Building Society approved panel is to comply with the CML Handbook requirements (last updated for this lender on Marsden Building Society) which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
Do banks and building societies provide you with an approved list of solicitors? How do you know who is on the Marsden Building Society conveyancing panel?
The firms themselves provide us confirmation that they are on the Marsden Building Society conveyancing panel as opposed to being supplied with a list from Marsden Building Society directly.
Please explain the implications if my solicitor is expelled from the Marsden Building Society Conveyancing 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 at a cost.
I had instructed online conveyancers based in London who are on the Marsden Building Society solicitor panel. They have just invoiced me a separate fee of £195 for the legal aspects of the Marsden Building Society mortgage. Is this an additional conveyancing fee set by Marsden Building Society?
Unfortunately, as long as it is in their Terms and Conditions or Quote then yes your solicitors can charge a fee for this. This fee is not set by Marsden Building Society but by your lawyers. Some firms on the Marsden Building Society will charge an ‘acting for lender’ fee and others do not.
Do the majority of lenders operate their own panel of solicitors?
Many lenders do operate a restricted conveyancing panel but a lot of lenders allow any solicitors to join their panel so long as they meet their criteria. Each lender sets their own criteria. For example the Marsden Building Society conveyancing panel requirements are different to Marsden Building Society’s conveyancing panel criteria.
My brother and I are acquiring a garden flat in Hendon. Conveyancing solicitors in Hendon are about to begiven the go-ahead. My colleaguerecommended that we double-check that the solicitor in Hendon is on the Marsden Building Society approved list of lawyers. Is this really necessary?
A limited percentage of Hendon conveyancing firms are on the Marsden Building Society conveyancing panel. Use the above search tool to locate a
Hendon conveyancing firm on the on the Marsden Building Society list of approved conveyancing firms.