Newbury Building Society Solicitor Panel Recently Asked Questions from members of the public
My fiance and I are novices when it comes to buying a property. Within the last couple of days our conveyancer has sent a preliminary report and documents to look through with a view to exchanging next week. Newbury 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. Please explain?
If you are buying a property with the assistance 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 Accreditation Scheme. Your solicitors should contact Newbury Building Society and see if they can apply for membership of the Newbury Building Society conveyancing panel, but if that is not viable Newbury Building Society will instruct their own lawyers to represent them. You don't have to instruct a firm on the Newbury Building Society conveyancing panel as you are at liberty to use your preferred lawyers, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.
Our lawyer has identified a problem with the lease for the flat we are buying. The seller’s lawyers have suggested defective title insurance as a workaround. We are content with insurance and will cover the costs. Our lawyer has advised that as he is on the Newbury Building Society conveyancing panel he must check that the lender is happy with this solution. Who is the client here, us or Newbury Building Society?
Just because you have a mortgage offer from Newbury Building Society does not mean to say that the property will be meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the CML Handbook Requirements. You and Newbury Building Society are the client. The appropriate lender requirements must be adhered to by the Newbury Building Society conveyancing panel who has to balance acting for you and Newbury Building Society
How do I find a local solicitor on the Newbury Building Society conveyancing panel? I have a car and am prepared to travel up to 20 miles to meet the conveyancer.
Feel free to make use of the find a conveyancing panel search 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 Newbury Building Society solicitor panel.
Can you clarify what the consequences are if my lawyer’s firm is suspended from the Newbury Building Society Conveyancing panel before the completion date?
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.
When it comes to lenders such as Newbury Building Society do solicitors have to be pay a fee to be on the conveyancing panel?
We are not aware of any lender fees to be on their panel although some do charge an administration charge to deal with the processing of the conveyancing panel application.
Completion of my remortgage has taken place with a mortgage from Newbury Building Society. Conveyancing was of an acceptable standard but I feel I should register my dissatisfaction about Newbury Building Society. How does one go about formally complaining?
Almost all lenders have complaints procedures. Your first point of contact should be one of the Newbury Building Society branches or the Customer Services Department at Newbury Building Society head office. In most cases complaints to Newbury Building Society are resolved very quickly. However if you are not satisfied that the matter is resolved you can write to the
Financial Ombudsman Service with full details of your complaint.
Intending to buy a house with a mortgage with Newbury Building Society. I have received an online quote from a licensed conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Newbury Building Society conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that they are on the Newbury Building Society conveyancing panel