Barnsley Building Society Conveyancing Panel Information

The Council of Mortgage Lender requirements of Barnsley Building Society are silent on this. Most mortgage companies deal with the question of file retention via their Terms and Conditions where they generally provide that for evidential purposes, the firm must keep the file for a minimum six years from the date of the mortgage. Data imagining is normally suitable compliance with this requirement. Many lenders point out in that it is the practice of some fraudsters to demand the conveyancing file on completion in order to destroy evidence that may later be used against them. It is therefore important to retain these documents to protect Barnsley Building Society’s interest. To be absolutely sure of Barnsley Building Society requirements in this regard please check the Terms and Conditions of Barnsley Building Society’s conveyancing panel acceptance.

You might expect Barnsley Building Society via their Part 2 obligations to address this but the Handbook is silent on deadlines to send deeds. Do look at the Terms of Barnsley Building Society’s Conveyancing Panel Appointment that you previously signed. For many lender's these Terms contain a clause such as: ‘To keep us informed of the reasons for any delay in your being able to send the title deeds and documents we require to us within 3 months of completion or evidence of proof of registration within that period. (We will send reminders if the deeds have not been received but will not acknowledge receipt of deeds’ It is imperative to keep Barnsley Building Society informed. Law firms can often compound their problems by not communicating with the lender when there is a delay or problem.

Please tread carefully here as what you are intending may not be acceptable to the mortgage company. It is possible that you (as a non-panel firm) or the mortgage applicant are not entitled instruct a panel firm of your choice. Lenders such as Nationwide BS make it clear to their panel firms that where a non-panel member firm is instructed by one of their mortgage applicants, the lender must appoint a panel firm to carry out its instructions and to liaise with the borrower's conveyancing firm. You also need to make the costs implications and potential for delay very clear to your client.

During 2013, 273 sections of the UK Finance Lenders’ Handbook P2 were changed by Barnsley Building Society. Some changes are more important than others but as a firm on the Barnsley Building Society conveyancing panel you are of course obliged to comply with individual lender requirements, as set out in Part II of the UK Finance Lenders’ Handbook. Locktons have recently pointed out in an article that non-compliance with Part 2 requirements account for a number of high value claims, and it is therefore important to be aware of any particularly onerous terms that an individual lender may impose.

Remember: CML requirements are not guidelines; they are the lender client’s instructions.

In this situation please explain on the application what action you have taken to discover the reasons behind cancellation of your Barnsley Building Society panel membership. In particular please provide details if you have received communications from the lender. E.G. before cessation of your panel membership did you receive any letters or calls from the lender informing you as to why they reached this decision?

You should communicate with Barnsley Building Society to obtain standard documents. The CML Handbook contains an express inquiry for lenders to establish who to contact to obtain standard documents. Barnsley Building Society in their Part 2’s state: Please remember to disclose your Barnsley Building Society conveyancing panel reference.