Yorkshire Building Society Conveyancing Panel Information

We only know of two or three lenders that operate a distinct conveyancing panel where the mortgage advance is over a certain level. You should nevertheless check directly with Yorkshire Building Society. At one stage HSBC would only allow Sole practitioners to act for them where the mortgage was below £150,000. We are not sure if HSBC still operate such a condition. In your case it is best to check with Yorkshire Building Society

You need to be careful here as what you are proposing may not be acceptable to the mortgage company. It is possible that you (as a non-panel firm) or the mortgage applicant are not entitled instruct a panel firm of your choice. Many lenders make it clear to their panel firms that where a non-panel member firm is instructed by one of their mortgage applicants, the lender must appoint a panel firm to carry out its instructions and to liaise with the borrower's conveyancer. You also need to make the costs implications and potential for delay very clear to your client.

When a solicitor is acting for both Yorkshire 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 the situation you find yourself in if the purchaser will not consent to the information being passed on to the lender the solicitor must cease to act for the Yorkshire Building Society and it may well be prudent you to cease to act for the purchaser as well. You can not tell the Yorkshire Building Society 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 Yorkshire Building Society conveyancing panel status.

There are various requirements you need to follow if you wish to comply with your lender client’s instructions as set out in the UK Finance Lenders’ Handbook. First, You must take reasonable steps to verify that there are no discrepancies between the description of the property as valued and the title and other documents which a reasonably competent conveyancer should obtain, and, if there are, you must tell Yorkshire Building Society immediately. (II) You should take reasonable steps to verify that the assumptions stated by the valuer about the title (for example, its tenure, easements, boundaries and restrictions on its use) in the valuation and as stated in Yorkshire Building Society’s mortgage offer are correct. If they are not, please let Yorkshire Building Society know as soon as possible as it will be necessary for Yorkshire Building Society to check with the valuer whether the valuation needs to be revised. Yorkshire Building Society conveyancing panel solicitors are not expected to assume the role of valuer. Yorkshire Building Society are simply trying to ensure that the valuer has valued the property based on correct information. (III) Yorkshire Building Society recommend that you should advise the borrower that there may be defects in the property which are not revealed by the inspection carried out by their valuer and there may be omissions or inaccuracies in the report which do not matter to them as a lender but which would matter to the borrower. Yorkshire Building Society recommend that, if we send a copy of a valuation report that Yorkshire Building Society have obtained, you should also advise the borrower that the borrower should not rely on the report in deciding whether to proceed with the purchase and that he obtains his own more detailed report on the condition and value of the property, based on a fuller inspection such as a homebuyers survey or structural survey. If you do not receive a copy of the valuation you can always ask for a copy of one from Yorkshire Building Society or the borrower. You still need to comply with the UK Finance Lenders’ Handbook Requirement relating to valuation reports even if you don't receive one directly. Failure to comply not only runs the risk of facing a claim by the lender but also being removed from the Yorkshire Building Society conveyancing panel

Your insurance brokers are your best port of call to address this question. 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 Yorkshire Building Society solicitor panel membership. Please remember that it is always important that you complete your insurance forms accurately.

You would be advised to communicate with Yorkshire Building Society to obtain standard documents. The CML Handbook contains an explicit question for lenders to reveal who to contact to obtain standard documents. Yorkshire Building Society in their Part 2’s state: Always remember to quote the firm’s Yorkshire Building Society conveyancing panel reference.