FAQs for the Yorkshire Building Society Solicitor Panel
from members of the public
My husband and I are hoping to buy a 2 bedroom flat in Leeds with a mortgage from Yorkshire Building Society. We would like to retain our lawyer but Yorkshire Building Society says she’s not on their "panel". We have to appoint one of the Yorkshire Building Society panel solicitors or keep our solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; is there anything we can do?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the Yorkshire Building Society conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your lawyer to apply to be on the conveyancing panel for Yorkshire Building Society
Can you clarify something for me?. For no fault of my lawyer but, my purchase conveyancing has been going on for months. The Local Authority Search from Yorkshire Building Society was issued random date and we have agreed a date for me to move into the property on 6. My solicitor says that as she is on the Yorkshire Building Society conveyancing panel she needs to redo the searches as they are no longer acceptable to the lender.
One of the many conditions to being on the Yorkshire Building Society approved panel is to comply with the CML Handbook Part 2 obligations (last updated for this lender on Yorkshire Building Society)which specifies that a local authority search be not more than half a year old. You should nevertheless ask your lawyer to check whether something called ‘search validation’ indemnity insurance is acceptable to Yorkshire Building Society.
Whilst your website is a good idea there are many lawyers listed near Manchester on the Yorkshire Building Society conveyancing panel. It would be a lot more helpful if you could recommend a specific firm on the conveyancing panel for Yorkshire Building Society ?
We do not recommend specific firms 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. Before you appoint your lawyer we advise you to speak to two or three of the firms listed to gain comfort as to which one is right for you..
I am thinking of remortgaging my apartment does my lawyer have to be on the Yorkshire Building Society Conveyancing panel?
In theory, you could use a solicitor that is not on Yorkshire Building Society conveyancing panel, but Yorkshire Building Society would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same transaction.
What are the common reasons for a lender such as Yorkshire Building Society to withdraw a mortgage offer?
Banks and Building Societies such as Yorkshire Building Society can withdraw their mortgage offer although this rarely happens. If Yorkshire Building Society withdraw their offer they may or may not inform you or the lawyer as to the reasons why. There are many potential reasons but here are 5 examples:
-
If the financial circumstances of the borrower have changed to the detriment and the Yorkshire Building Society has been notified
-
A cashback to the buyer, or | part of the price includes a non-cash incentive to the buyer (eg paid stamp duty land tax),or | any indirect incentive (cash or non cash) or rental guarantee, of which the lender was previously unaware
-
Where to proceed with the Mortgage offer would be unlawful
-
Following advice from the valuer on their lender panel or If the lender has doubts about the effectiveness of the valuation as a result of subsequent events or information received post valuation but pre completion
-
Where the Lender’s right to possession is fettered in some way
It is not clear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date . I have called Yorkshire Building Society on various occasions and told it wasn't a problem and they would lend. My solicitor - who is on the Yorkshire Building Society conveyancing panel- telephoned and was told not they would not lend in accordance with their CML Handbook minimum lease term requirements. I simply dont know who is right
As long as the conveyancer is on the Yorkshire Building Society panel she or he must comply with the CML Handbook requirements for Yorkshire Building Society. Unless your lawyer obtains specific confirmation in writing that Yorkshire Building Society 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 Yorkshire Building Society to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.
Yorkshire Building Society have agreed my mortgage in principle, my offer on house has been accepted, now what?
The estate agent will want to know who your solicitors are (make sure these solicitors are on the lenders panel). Call up Yorkshire Building Society or your broker and complete any relevant paperwork. Yorkshire Building Society will tell you what documents they want. Yorkshire Building Society will instruct a valuer. The valuer will get in touch with the estate agent or seller to book an appointment. Once conducted (assuming no problems) it takes about week to get a mortgage offer. Yorkshire Building Society will issue the offer to you and your lawyer. The transaction will then take it’s course according the nature and complexity of the conveyancing.