Harpenden Building Society Conveyancing Panel Information

The information on this page is designed to keep solicitors and licensed conveyancers abreast of latest requirements changes by Harpenden Building Society and to assist in remaining on the Harpenden Building Society Conveyancing Panel.

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How does my firm apply to be on the Harpenden Building Society Conveyancing Panel?
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Harpenden Building Society Conveyancing Panel: Recently Asked Questions

What obligations do I have, being on the Harpenden Building Society conveyancing panel, to carry out a LMO4 search?
Harpenden Building Society make no specific obligation to carry out any of the searches listed. The UK Finance Lenders’ Handbook simply states that ‘you must ensure that any other searches which may be appropriate to the particular property, taking into account its locality and other features are carried out’.

Remember that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Harpenden Building Society are concerned if they are ‘appropriate’. Most lenders will not require environmental searches (you should Check Part 2 of UK Finance Lenders’ Handbook to be sure), but you are obliged to explain risks and availability to the borrower.

Ground stability, Plansearch,flood searches as well as the searches listed in the question are optional – but only to the extent that you have allowed the borrower client to make an informed choice. Regardless of whether there is a mortgage, If you have not advised the client that these (and other) searches are available and what risks they cover, then you will be liable if the client suffers loss through not conducting one. Is this covered within your Terms of Engagement or Report on Title?

A leading search provider lists over 72 conveyancing searches – do you know what all of them are and when they may be relevant? If you are unsure as to which searches are appropriate based on location contact your search provider or call one of the leading search companies such as Searches UK.

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Do you have any idea what Lenders such as Harpenden Building Society are asking for when it comes to applying to be on their approved conveyancing panel?
Each lender has different criteria. We do not hold specific requirements relating to the questions raised as part of the application to be on the Harpenden Building Society conveyancing panel. Typically lenders need to have full knowledge of a firm including (but not limited to):
  • Full disciplinary history for each conveyancing solicitor
  • Whether the firm is able to operate in other jurisdictions
  • Summary of annual accounts
  • Whether the firm has ever knowingly accepted instructions on transactions involving Sale and Rent Back, Back to Back, Exchange and Delayed Completion and Lease Option, Below Market Value.
  • SRA or equivalent regulator registration number where applicable
  • Full complaints history for each licensed conveyancer
  • Full career history for each licensed conveyancer including registration date with Council of Licensed Conveyancers
  • The percentage of the firm’s business which is conveyancing (broken down into sale
  • List of all those staff who work within the conveyancing team
  • PII Cover details, including, if relevant, whether the firm is or has been in the assigned risks pool and structure of cover – basic
    • A recent SRA survey reveals that 76% of solicitors have been removed from a lender conveyancing panel. Harpenden Building Society and other lenders have restricted their panel over the years. Why?
    In operating open conveyancing panels, lenders such as Harpenden Building Society face a number of fraud and negligence risks. While there is no authoritative source of data on lender exposure to solicitor–led mortgage fraud, anecdotal evidence from lenders indicates exposure on individual cases are often in the millions of pounds. The National Fraud Authority estimates that £1bn per year is lost in mortgage -related frauds in total, which is seen as a conservative estimate.

    These risks are exacerbated by the lack of a comprehensive set of data on all conveyancing firms (which, for the avoidance of doubt, would include solicitors and conveyancers across the UK) which is in a readily accessible format. Currently, lenders vet the suitability of their panel firms against a variety of disparate, incomplete and potentially inaccurate sets of information. One top 5 lender pointed out to us that it is almost impossible to track individual fraudsters who move from firm to firm, especially where they are no longer registered or no longer hold a valid practicing certificate.

    Harpenden Building Society and other lenders are in varying stages of reviewing their approach to vetting firms on their conveyancing panels, to ensure their ongoing exposure to unsuitable firms is reduced. There is also regulatory impetus on lenders to ensure that they have satisfactory oversight of their third party panels, including a due-diligence process.

    Are the Council of Licensed Conveyancers taking any action to protect licensed conveyancers from being removed from lender panels?
    The CLC has begun dialogue with lenders and their representative bodies to see whether and how the risks that lenders wish to mitigate could be addressed through the regulatory framework rather than via ad hoc arrangements that can differ from lender to lender. We expect that that the CLC have been in touch with lenders such as Harpenden Building Society in recent years.
    My post-completion clerk has left my firm on short notice. I urgently need to prioritise making sure that charges are registered. That said, how quickly do I need to send deeds to Harpenden Building Society once the charge is registered before my firm runs the risk of being suspended off the conveyancing panel for Harpenden Building Society?
    Harpenden Building Society will likely expect the deeds to be sent to them within 10 days of you receiving the TID (unless their specific P2 requirements specifically state that they you are not to send them anything). Most COTs refer to complying with the Certificate of Title referred to in IB (3.7) of the SRA Code of Conduct 2011, published by the Law Society which states that you ‘will despatch to you such deeds and documents relating to the Property as you require with a list of them in the form prescribed by you within ten working days of receipt by us of the title information document from the Land Registry’ As to whether the lender will suspend your panel status this very much varies according to the lender’s own internal policies The more cases you have the more risk you face. Some lenders may take action if there records show that the deeds are outstanding for more than 3 matters. The fact is that if you keep within the time frame then you will have more chance of remaining on the Harpenden Building Society conveyancing panel.
    Our firm had their Harpenden Building Society panel membership terminated but we have not yet been given a reason as to why. I am completing a CQS renewal form what information must I disclose?
    In this situation please explain on the form what action you have taken to discover the reasons behind cancellation of your Harpenden Building Society panel membership. In particular please provide details if you have received communications from the lender. E.G. before revocation of your panel membership did you receive any letters or calls from the lender putting you on notice?
    My firm is listed on the Harpenden Building Society conveyancing panel and all set to complete a remortgage shortly. I dont have a Mortgage Deed for the client to execute. Who do I contact at Harpenden Building Society to request substitute deeds?
    You would be advised to communicate with Harpenden Building Society to obtain standard documents. The The Council of Mortgage Lenders Handbook incorporates an explicit inquiry for banks to cite who to contact to obtain standard documents. Harpenden Building Society in their Part 2’s state:
    Always remember to quote your Harpenden Building Society conveyancing panel reference.

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    Average number of days to register title including a charge in favour of Harpenden Building Society
    This information relates to purchase only and not remortgages.
    YearDays*
    2024 [no data]
    2023 [no data]
    2022 [no data]
    2021 [no data]
    2020 [no data]
    2019 [no data]
    * Data aggregated from sources including COMPLETIONmonitor

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