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 Conveyancing Panel Information:

What are the Marsden Building Society conveyancing panel arrangements?
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.

As a firm on the Marsden Building Society conveyancing panel who do I communicate with should we have a question conerning the instructions ?
If you are a property lawyer and have a question about the mortgage instructions, you should make contact with Marsden Building Society. The BSA will not advise or comment on specific queries relating to Marsden Building Society or other lenders.
Am I obliged, being on the Marsden Building Society conveyancing panel, to carry out an Lender Policy 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’.

Please note 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.

Are the Council of Licensed Conveyancers taking any action to protect licensed conveyancers from being removed from lender panels?
As is the case with the Law Society the CLC has begun dialogue with banks 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 ad hoc arrangements that can differ from lender to lender. It is likely that that the CLC have been in touch with lenders such as Marsden Building Society in the recent past
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.

I seldom receive a copy of a lender valuation any more. Do my Marsden Building Society conveyancing panel obligations extend to checking the valuation details where I am acting on a purchase with Marsden Building Society as the lender?
There are various requirements are to be followed if you wish to comply with your lender client’s instructions as set out in the BSA Mortgage Instructions. (a) You must take reasonable steps to verify that there are no discrepancies between the description of the property as compared to an address that is no longer valid.
JLT’s PII renewal form asks if my practice had been excluded from any bank panels in the last year . I recently discovered that the firm is no longer on the Marsden Building Society conveyancing panel? Is this likely to effect my insurance?
The best placed professionals to answer this question are your insurance brokers. The chances are that on the basis that you have not been removed for fraud or negligence reasons that there will be little or no impact. The main reason why a firm would be removed off of a lender panel is due to low volume of conveyancing cases although there may be a number of criteria for Marsden Building Society solicitor panel membership. Please remember that it is always important that you complete your insurance forms accurately.
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:

Find a Lawyer on the Marsden Building Society Approved Conveyancing Solicitors Panel

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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