Marsden Building Society Conveyancing Panel Information

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

Marsden Building Society Solicitor Panel Assistance:

What are the Marsden 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:

The Society uses Legal Marketing Services Ltd (LMS) for its panel arrangements who will require the following information:

1) Up to date practising certificate

2) Copy of professional indemnity insurance

3) Confirmation that you have adequate fire storage facilities

4) Confirmation that you are already a panel member of at least 6 recognised lenders

Please contact the Society through the LMS SecureLink portal on the Conveyancer Zone.  Alternatively you can contact the Lending Services Department by telephoning 01282 440500 or emailing  completions-post@themarsden.co.uk

 

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

What obligations do I have, being on the Marsden Building Society conveyancing panel, to carry out a flood search?
Marsden Building Society make no specific obligation to carry out any of the searches listed. The BSA Mortgage Instructions 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 Marsden Building Society are concerned if they are ‘appropriate’. Most lenders will not require environmental searches (you should Check the Marsden Building Society Specific Requirements of BSA 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.

What sort of information are Lenders such as Marsden Building Society are asking for when it comes to applying to be on their approved solicitor list?
Criteria differ from lender to lender. We do not hold specific requirements relating to the questions raised as part of the application to be on the Marsden Building Society conveyancing panel. Typically lenders need to have full knowledge of a firm including (but not limited to):
  • Charge registration history
  • Full disciplinary history for each licensed conveyancer
  • SRA or equivalent regulator registration number where applicable
  • House price discrepancies (declared to lender vs. registered at Land Registry)
  • Number of lender conveyancing panels the firm is currently on
  • Full career history for each licensed conveyancer including registration date with Council of Licensed Conveyancers
  • Full complaints history for each licensed conveyancer
  • PII Cover details, including, if relevant, whether the firm is or has been in the assigned risks pool and structure of cover – top-up split and history of any refusals
  • Whether any lender has ever made a claim against the firm’s PII cover
Why did the BSA 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.
I noticed the following question on my PI renewal form this year ‘Has your Firm been asked by a lender to agree to more onerous terms and conditions than provided for in the BSA Mortgage Instructions?’ My firm is on a number of lender panels including the Marsden Building Society conveyancing panel. We have Terms and Conditions of appointment which we have to follow. Should I reference these Terms?
The concern here is if you are expect to enter into ‘more onerous’ conditions that than the Handbook obligations.

You have to try and take an objective view as to whether the Terms relating to the Marsden Building Society conveyancing appointment (or other terms for other lenders) are ‘more onerous’ than the BSA Mortgage Instructions. 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 moving forward on this question.

The firm that I work for is on the Marsden Building Society conveyancing panel. I am dealing with Marsden Building Society mortgage on a purchase. My borrower client is asking not to disclose an issue to Marsden Building Society. What do I do in this conflict situation?
When a solicitor is acting for both Marsden Building Society and borrower there is potential for conflicts to arise. You owe duties to both clients. All information received by you from your client is confidential and cannot be disclosed without the client’s consent.

In your situation, if the purchaser will not consent to the information being passed on to the lender, the solicitor must cease to act for Marsden Building Society and it may well be prudent for you to cease to act for the purchaser as well. You must not inform Marsden Building Society of the reason for termination of the retainer over and above the fact that a conflict has arisen. The fact that you can no longer act should alert even the most somnambulistic of lenders that something is wrong with the borrower and/or purchase. The fact that you have disinstructed yourself should not affect your Marsden Building Society conveyancing panel status.

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 Marsden Building Society
This information relates to purchase only and not remortgages.
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* Data aggregated from sources including COMPLETIONmonitor