FAQs : The MBS Lending Ltd Solicitor Panel
from members of the public
I am selling my maisonette and the estate agent has just texted me to say that the buyers are appointing a new solicitor. I am told that this is due to the fact that MBS Lending Ltd will only work with solicitors on their conveyancing panel. On what basis would a leading mortgage company only engage with specific solicitors?
UK lenders 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 point to the increase 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 property lawyer has requested from me proof of ID documents stating that this forms part of his requirements as a solicitor on the MBS Lending Ltd Solicitor panel. Am I being spun a yarn?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offense if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage with MBS Lending Ltd your lawyer also has to check ID documents to satisfy MBS Lending Ltd
Whilst your website is a good idea there are many lawyers listed near London on the MBS Lending Ltd conveyancing panel. Can you recommend a specific firm on the MBS Lending Ltd 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..
We're in Liverpool, First time buyers purchasing with a mortgage (lender is MBS Lending Ltd , but our lawyer is on the MBS Lending Ltd conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the MBS Lending Ltd conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer should guarantee a time-frame for your conveyancing due to third parties outside of our control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain
I have decided to exercise my right to buy my property off the council. I have a mortgage offer with MBS Lending Ltd. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event if you are getting a mortgage with MBS Lending Ltd you will need to appoint a solicitor on the MBS Lending Ltd conveyancing panel.
It is not clear whether my mortgage offer requires a lease extension . I have telephoned MBS Lending Ltd on various occasions and was told they are content with the situation and they would lend. My solicitor - who is on the MBS Lending Ltd conveyancing panel- telephoned and was told not they would not lend in accordance with their CML Handbook minimum lease term requirements. Who do I believe?
As long as the conveyancer is on the MBS Lending Ltd panel she or he must comply with the CML Handbook requirements for MBS Lending Ltd. Unless your lawyer obtains specific confirmation in writing that MBS Lending Ltd 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 MBS Lending Ltd to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.
After shopping around on the internet I have found a solicitor having made sure that they are on the MBS Lending Ltd conveyancing panel. Does my lawyer arrange the survey of the property?
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Having read lots of mortgage guides,I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my solicitor - who is on the MBS Lending Ltd conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
MBS Lending Ltd will need an independent valuation of the property. Your lawyer will not arrange this. Usually MBS Lending Ltd will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey.
You may wish to consider appointing your own surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
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Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by postcode. As you are getting a mortgage with MBS Lending Ltd you could contact your them to see if they have a list of approved surveyors.