FAQs : The Stafford Railway Building Society Conveyancing Panel
from members of the public
My Conveyancer has never been on on the Stafford Railway Building Society Solicitor Panel. Can I still continue with my preferred solicitor even though they are excluded from the Stafford Railway Building Society approved list?
The most common options here are as follows:
- Complete the purchase with your preferred lawyers but Stafford Railway Building Society will need to instruct a lawyer on the Stafford Railway Building Society conveyancing panel. This will result in additional cost and potential delay.
- Get a new solicitor to act in the purchase, obviously checking they are on the Stafford Railway Building Society conveyancing panel.
- Urge your lawyer to apply to join the Stafford Railway Building Society lender panel
Our conveyancer has discovered a defect with the lease for the property 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 solicitor has advised that as he is on the Stafford Railway Building Society conveyancing panel he must check that the lender is happy with this solution. Who is the client here, us or Stafford Railway Building Society?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and Stafford Railway Building Society are the client. A precondition to being on the Stafford Railway Building Society approved panel is to comply with the CML Handbook requirements (last updated for this lender on Stafford Railway Building Society). The CML Handbook conditions require your lawyer to disclose issues such as defects will the lease so that Stafford Railway Building Society 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.
I require the services of a Stafford Railway Building Society panel solicitor in Inverness. Could you help me?
It is not clear why you need a Stafford Railway Building Society panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to Stafford Railway Building Society to find out which solicitors in Stafford Railway Building Society are on their panel. If you do find such a firm not listed please direct them to our site to list. At a fee of one pound per month it is not expensive to register on the site
Can you clarify what the consequences are if my lawyer’s firm is removed from the Stafford Railway Building Society Solicitor panel prior to completion?
First, 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 for a fee.
Are all Conveyancing Quality Solicitors on the Stafford Railway Building Society conveyancing panel?
It is true that some banks and building societies now use CQS as the starting point for Panel approval such as HSBC and Santander. CQS accreditation however is no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to remain on their approved list of firms.
I have paid off my mortgage with Stafford Railway Building Society. I assume I don't need a solicitor on the Stafford Railway Building Society panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Stafford Railway Building Society mortgage they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Stafford Railway Building Society mortgage from the register. Stafford Railway Building Society,and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
but are not moving to another property
where the Stafford Railway Building Society has sent the Land Registry the discharge electronically, and
the Stafford Railway Building Society has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your Stafford Railway Building Society mortgage has been paid off.
On the whole I have been dissatisfied with the level or service received from my lawyer. Is there a Stafford Railway Building Society conveyancing panel complaints department or do I complain directly to the law firm?
Complaining to Stafford Railway Building Society about their conveyancing panel is unlikely to yield much of a response. All solicitors and conveyancer must have a complaints procedure. You can get information from the solicitor’s or conveyancer’s website or ask at their office. They must tell you about it if you ask.
The Legal Ombudsman will make sure that your complaint is addressed by the solicitor. It can also advise you how to complain.
If a licensed conveyancer does not have a complaints procedure or will not tell you about it, contact the Council for Licensed Conveyancers (CLC), which will make sure that your complaint is properly dealt with by the conveyancer. Please see below for more information.