Q and A’s regarding the Yorkshire Building Society Solicitor Panel
from members of the public
For what reasons would a law firm be removed from the Yorkshire Building Society approved conveyancing panel?
According to a recent survey report by the solicitors regulator three quarters of law firms had been excluded from a lender panel. The most common reasons in order are :
- Low volume of transactions
- the lawyer is a sole practitioner
- as part of the HSBC panel reduction
- regulatory contact by SRA
- accidental removal. We are not aware of the specific or common criteria for removal by Yorkshire Building Society
Our lawyer has uncovered a defect with the lease for the flat we are purchasing. The other side have suggested title insurance as a solution. We are content with insurance and will pay for it. Our lawyer says that as he is on the Yorkshire Building Society conveyancing panel he must check that the lender is happy with this solution. Are we the client or is Yorkshire Building Society?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and Yorkshire Building Society are the client. A precondition to being on the Yorkshire Building Society approved panel is to comply with the CML Handbook requirements (last updated for this lender on Yorkshire Building Society). The CML Handbook conditions require your lawyer to disclose issues such as defects will the lease so that Yorkshire 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.
Do I have to attend the offices of the Yorkshire Building Society conveyancing panel solicitor to execute the mortgage deed? If so, I will choose one who does conveyancing in Manchester
so that I can pop in to their offices when needed.
As opposed to twenty years ago, most lenders no longer require their conveyancing panel solicitor to witness the borrowers signature. You will still be obliged to provide ID Documents and there are still distinct advantages to using a local solicitor, in your case a conveyancing solicitor in Manchester
.
My solicitors in London have advised me that they can not locate my conveyancing file. At the time of my purchase I took out a mortgage with Yorkshire Building Society. Is it case that being on the Yorkshire Building Society conveyancing panel they need to have retained the file for a number of years?
It very much depends from lender to lender but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the Yorkshire Building Society Conveyancing Panel Terms. It might be worth you contacting Yorkshire Building Society directly.
Are all Conveyancing Quality Solicitors on the Yorkshire Building Society conveyancing panel?
It is true that some lenders now use the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. CQS membership 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.
When it comes to mortgage companies such as Yorkshire Building Society do lawyers 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.
I was told two weeks ago that my mortgage has been agreed
to by Yorkshire Building Society. Is it usual for Yorkshire Building Society to only issue the offer once my
solicitor is approved on their conveyancing panel?
Mortgage companies tend not to not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Yorkshire Building Society to deal with your lawyers application to be on the Yorkshire Building Society conveyancing panel. There's no guarantee that your solicitors will be accepted.