Looking for information about your firm's panel status?
Newcastle Building Society Solicitor Panel Information:
The Society outsources management of its conveyancing panel to Legal Marketing Services Limited (“LMS”).
Firms may apply for inclusion to the Society’s conveyancing panel by visiting www.lms.com/lenderpanels
You must also comply with the terms and conditions of your Newcastle Building Society solicitor panel appointment.
Remember that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Newcastle Building Society are concerned if they are ‘appropriate’. Most lenders will not require environmental searches (you should Check the Newcastle 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.
- SRA or equivalent regulator registration number where applicable
- Firm name, address and contact details including all branches (including evidence of existence through risk-based physical visits and Google Streetview checks)
- Full disciplinary history for each conveyancing solicitor
- Full complaints history for each licensed conveyancer
- Conveyancer client account(s) details
- The percentage of the firm’s business which is conveyancing purchase and remortgage
- Full disciplinary history for each licensed conveyancer
- Whether the firm is able to operate in other jurisdictions
- Structure of firm and, where applicable, its group
- Full complaints history for each conveyancing solicitor
Looking from the lenders’ perspective, it has to be said that there are pressures to encourage smaller panels. The Financial Services Authority regards the open panel system as a major contributor to mortgage fraud and negligence cases, and has been leaning on lenders to move to proactive panel management, which is more expensive the larger the panel. Hence it is becoming more common for lenders to charge fees, and/or require extensive form-filling, from would-be panel members
Newcastle Building Society and other BSA 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.
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 Newcastle Building Society and it may well be prudent for you to cease to act for the purchaser as well. You must not inform Newcastle 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 Newcastle Building Society conveyancing panel status.
Find a Lawyer on the Newcastle Building Society Solicitors Panel
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