Frequently asked questions relating to the Yorkshire Building Society Solicitor Panel from members of the public
How easy is it to change a solicitor as I need to find one who is on the Yorkshire Building Society conveyancing panel. Is it practical to instruct different lawyers?
If you haven't yet instructed a solicitor to do anything for you and have just received quotes, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer you're considering.
Our conveyancer has discovered a problem with the lease for the apartment we are purchasing. The seller’s lawyers have suggested title insurance as a workaround. We are happy with insurance and will pay for it. Our solicitor says that as he is on the Yorkshire Building Society conveyancing panel he must ensure 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.
I am looking to buy a flat and need a conveyancing solicitor in London who is on the Yorkshire Building Society approved. Could you point me in the right direction as regards a conveyancing firm?
Our service is a directory service for firms who wish to be listed as being on the approved conveyancing panel for Yorkshire Building Society . We don’t recommend any particular firm.
Please explain the implications if my lawyer’s firm is suspended from the Yorkshire Building Society Solicitor panel in advance of completion?
First, this is a very rare occurrence. 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.
Is the case that all CQS (Conveyancing Quality Scheme) solicitors on the Yorkshire Building Society conveyancing panel?
Some major lenders now use the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for firms wishing to join their approved list of conveyancing solicitors.
I have today made my last payment due on mortgage with Yorkshire Building Society. I assume I don't need a solicitor on the Yorkshire Building Society panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Yorkshire 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 Yorkshire Building Society mortgage from the register. Yorkshire 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 Yorkshire Building Society has sent the Land Registry the discharge electronically, and
the Yorkshire Building Society has instructed the Land Registry to do so
The Land Registry will send you a letter confirming that your Yorkshire Building Society mortgage has been paid off.
My ex -wife’s name is on the Yorkshire Building Society mortgage of my property but not on the land registry. The apartment was transferred to me on our divorce many years ago by way of a sealed court order. Does my ex still have a say on the sale even though the land registry showing the property in my name alone? Will I be required to take her name of the Yorkshire Building Society mortgage in order to sell?
As regards the Yorkshire Building Society mortgage, it is unusual that your ex-wife’s name remains on the mortgage but not on the title. It is conceivable that this is an oversight on the part of your conveyancers to ensure that her name was removed or even an administrative error on the part of Yorkshire Building Society in failing to update their data. In any event, it should cause difficulty providing her name no longer appears on the Land Registry title and you have a court order ordering that the property is transferred to you.