Mansfield Building Society Conveyancing Panel Information

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

Mansfield Building Society Conveyancing Panel Information:

What are the Mansfield Building Society conveyancing panel criteria?
Unlike the CML the Building Society Mortgage Instructions deal with this. Section A.12 states ‘In order to act on our behalf your firm or company must be a member of our conveyancing panel provided we are a society that operates one – see specific requirements for details of our arrangements. The Special Requirements state:

We do not have our own separate conveyancing panel. Conveyancers must be on the Law Society/Licensed conveyancers website. The Society does not allow Licensed Conveyancers or solicitors who are a sole trader to act, insisting on a minimum of 2 partners. The practicing certificates for all partners at the office are obtained, and any new requests to join the panel will initially require the completion of a conveyancing panel questionnaire. The validity of a firm is verified and checks are made to identify any disciplinary issues against the individual/firm, and evidence of PII cover is also obtained which must be for a minimum of £2m per claim (£3m for relevant recognised bodies or relevant licensed bodies).. A.13. The BSA Mortgage Instructions do not affect any responsibilities that you have to us under the general law or any practice rule or guidance issued by your professional body from time to time.

You must also comply with the terms and conditions of your Mansfield Building Society solicitor panel appointment.

Are Mansfield Building Society Conveyancing panel solicitors at risk of the society altering or retracting the mortgage?
Mansfield Building Society addresses this at section B.3 of their BSA specific requirements which states:

The Offer of Advance may be withdrawn or varied in any of the following circumstances:

  • Where the Society has been asked to issue the Offer of Advance on a different basis.
  • Where the Society is notified that the mortgage or additional borrowing no longer required.
  • Where to proceed to legal completion would be, or the Society has reasonable grounds for believing that it would be, unlawful.
  • Where after the date of the Offer of Advance it is discovered, or the Society has reasonable grounds for believing, that:
    • There has been a material misrepresentation, non-disclosure, or provision of incorrect or misleading information concerning your current or future personal or financial circumstances by the applicant, the mortgage intermediary or a 3rd party acting for the applicant, which had the Society been aware of the true position would have meant that this would not have been issued or not issued on the same terms in all material aspects.
    • There has been a significant adverse change in the applicants current or future personal circumstances and that they, their mortgage advisor/intermediary, or a 3rd party acting for them, have not informed us.
    • There is material damage to, or destruction of, the Property.
  • Where after the date of the Offer of Advance, the Society has become aware of any actual or threatened criminal proceedings (other than for minor road traffic offences) against the applicant or any proposed guarantor.
  • Where the special requirements set out in the sections of the Offer of Advance headed ‘Special requirements to be satisfied by you’ and/or ‘Special requirements to be satisfied by your legal adviser’ cannot be fully complied with and/or satisfactorily satisfied.
  • Where it is found, through the investigation of legal title, that there are material matters that affect the Property and which adversely impact on the basis of the Society’s valuation of the Property, and on the suitability of the Property as security for the loan specified in this Offer of Advance.
Do the Building Society Association intend to launch a searchable register to list firms on the Mansfield Building Society conveyancing panel ?
We are not aware of any plans on the part of the BSA to develop such a register .
Does the fact that my firm subscribes to Alerts via this site assist in my application to join the Mansfield Building Society solicitor panel?
The criteria to join the Mansfield Building Society conveyancing panel is likely to be fairly detailed and is unlikely to include signing up to LENDERmonitor alerts.
Does the fact that my practice has signed up to LENDERmonitor Alerts help in my application to join the Mansfield Building Society solicitor panel?
The requirements to join the Mansfield Building Society conveyancing panel is likely to be fairly detailed and is unlikely to include signing up to LENDERmonitor alerts.
Theoretically Mansfield Building Society could request or audit my files as I am on the Mansfield Building Society conveyancing panel. Are there any confidentiality issues that I need to consider first?
We can't comment specifically on Mansfield 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 Compliance Officer, but a firm should not send the complete conveyancing file without the borrower client’s express consent – and if he is in arrears 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 valid? Please click here for more information about that case.

Why did the Building Society Association introduced differing instructions from the CML?
The Building Society Association introduced it’s Mortgage Instructions in 2010 to ensure that licensed conveyancers or solicitors on a building society conveyancing panel had full access to a complete set of standardised mortgage instructions.
What lender panels do you receive the most questions about?
BSA lenders do not come within the top 20 lenders in terms of frequency of questions. The most popular lender panels in terms of questions are as follows:

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