Manchester Building Society Conveyancing Panel Information

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

Manchester Building Society Solicitor Panel: Recently Asked Questions

What obligations do I have, being on the Manchester Building Society conveyancing panel, to carry out a flood search?
Manchester 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’.

Please note that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Manchester 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 client.

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. Does your ROT and Ts and Cs cover this?

A leading search provider lists over 70 property 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 call your search provider or call one of the leading search companies such as STL.

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I am hearing that agents are using online checkers to see if a firm is on a lender panel. Why?
Many estate agents will be feeling the pain if their clients start out on the buying process having appointed a conveyancer who is not on the panel with the purchaser’s chosen lender. Many conveyancing firms are only discovering when they begin working on a case that they are no longer able to work with that lender. Given the inevitable resultant delays in the transaction the chances of an abortive deal increases dramatically. in the circumstances there is understandable anguish on the part of the estate agent as a result of the lost time should the client have to change solicitors .
I understand that Manchester Building Society could request or audit my files as I am on the Manchester Building Society conveyancing panel. Are there any confidentiality issues that I need to consider first?
We can't comment specifically on Manchester Building Society. Many major lenders are now introducing ‘file auditing’ as standard practice in relation to completed matters. This raises questions of confidentiality in relation to the buyer client and the purpose to which the results of such audits will be put. The starting point is to remember that the file does not belong to your firm, it belongs to the ‘client’. But, of course, we will normally have two clients – the buyer and the lender - and you will owe a duty of confidentiality to each. So basically, you have to separate the file and just send the lender the parts solely relating to themselves. But, of course, as this will basically be correspondence with the lender, mortgage instructions etc.

Check with your COLP but a firm should not send the complete conveyancing file without the buyer client’s express consent – and if she is in dispute with the lender he is hardly likely to agree. However, if the lender can establish a prima facie case of fraud, then you may be under an obligation to disclose the whole file.

The emerging convention is that lenders are including an authority to disclose in loan application forms to counter this problem. Mortgage Express v Sawali, [2010] EWHC 3054 (Ch) indicates that such provisions are valid. Please click here for more information about that case.

My PI renewal application this year contained the following question: ‘Has your Firm been asked by a lender to agree to more onerous terms and conditions than provided for in the UK Finance Lenders’ Handbook?’ My firm is on numerous bank panels including the Manchester Building Society conveyancing panel. We have Terms and Conditions of appointment which we have to follow. Do I disclose these these Terms ?
The key here is the caveat ‘more onerous’. You have to try and take an objective view as to whether the Terms relating to the Manchester Building Society conveyancing appointment (or other terms for other lenders) are ‘more onerous’ than the UK Finance Lenders’ Handbook Conditions. Depending on the Terms you may need to provide details on your renewal form. If you are in any doubt please call your broker to discuss before completing the answer.
Are figures published revealing the Manchester Building Society conveyancing panel size and the number of conveyancing firms removed from their panel each quarter?
With banks and solicitors working so closely with one another it is surprising that there has not been much call for the introduction of a bit of transparency regarding not just the figures for the Manchester Building Society conveyancing panel but for all lender panel listings
If my application is successful will CQS accreditation secure my firm’s acceptance on to lenders conveyancing panels?
CQS accreditation is no guarantee to lender panel acceptance. Nevertheless the Council of Mortgage Lenders have indicated that it is likely to become a prerequisite for firms wishing to join their panels. Some Lenders now use the scheme as the starting point for Panel approval such as Santander.
I am on the Manchester Building Society conveyancing panel and due to complete a remortgage within the next week. My papers do not include a Legal Charge for the client to execute. Who do I contact at Manchester Building Society to get a duplicate Deed?
You would be advised to contact Manchester Building Society to obtain standard documents. The CML Handbook incorporates an explicit section for banks to enumerate who to contact to obtain standard documents. Manchester Building Society in their Part 2’s state:
Always remember to disclose the firm’s Manchester Building Society solicitors panel number.

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Average number of days to register title including a charge in favour of Manchester Building Society
This information relates to purchase only and not remortgages.
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* Data aggregated from sources including COMPLETIONmonitor