Furness Building Society Conveyancing Panel Information

The answer to this question really depends on the reason that your firm has been removed off the Furness Building Society conveyancing panel. The top 3 reasons are as follows:

1. lack of transactions
2. the lawyer is a sole practitioner
3. as part of the HSBC panel reduction.

In these three circumstances it is unlikely that you would expected to take any action. Disclosure and other compliance considerations are more likely to be relevant if the reason for removal is due to breaches of lender requirements or allegations of fraud or negligence. Whether the reasoning should trigger a disclosable 'material' breach will depend on the firm and the circumstances around possible failures to comply with the SRA Authorisation Rules, and the SRA will judge each case on its own merits. Factors such as the detriment or risk of detriment to clients, the scale of the issue and overall impact on the firm will need to be considered in deciding whether a failure is 'material'. As the COLP you will need systems to identify patterns of breaches. Even if you don't consider there to be regulatory implications the firms COFA should give some thought to whether she/he needs to take any action as result of being removed from the Furness Building Society conveyancing panel.

During 2013, 71 sections of the UK Finance Lenders’ Handbook P2 were changed by Furness Building Society. Some changes are more important than others but as a firm on the Furness Building Society conveyancing panel you are of course obliged to comply with individual lender requirements, as set out in Part II of the UK Finance Lenders’ Handbook. Locktons have recently pointed out in an article that non-compliance with Part 2 requirements account for a number of high value claims, and it is therefore important to be aware of any particularly onerous terms that an individual lender may impose.

Remember: UK Finance requirements are not guidelines; they are the lender client’s instructions.

You will be aware of the trend in recent years for lenders such as Furness Building Society to take a much more pro-active approach in relation to the management and make up of their conveyancer panels. The knock on effect of this is that it is more likely that there will be a higher number of cases where a conveyancer is not on the Furness Building Society panel. The situation that you find yourself in is where your client’s purchaser has his/her own lawyer and Furness Building Society have appointed a separate lawyer to act on their behalf where the new UK Finance Part 3 requirements apply. Section 11.1 of the UK Finance Lenders’ Handbook Part 3 requires Furness Building Society’s panel solicitor to ‘ ...transfer the mortgage advance directly to the Seller’s conveyancer. The Seller’s conveyancer must be required to hold the mortgage advance on the terms of the required undertaking. The example borrower’s conveyancer’s undertaking letter includes a specific example of the seller’s undertaking’. You should expect to be advised to received the mortgage advance directly from the conveyancing solicitors for Furness Building Society. You will no doubt be required to undertake directly to Furness Building Society’s solicitors to discharge any charges secured on the property and to send directly to them the executed transfer and any other documents required to enable us to effect registration. Please remember to carefully consider undertakings in accordance with your firm’s protocol and record them in your undertakings logg. Please remember that as well as this breach of this undertaking having regulatory and compliance implications it’s breach could also result in your firm being removed off the Furness Building Society conveyancing panel.

On the basis that your firm in is on the Furness Building Society conveyancing panel and you are acting for them in relation to a leasehold property, you must report to them if it becomes apparent that the landlord is either absent or insolvent. If Furness Building Society are to lend, they may require indemnity insurance. In any event,you will need to check Furness Building Society’s specific requirements. Notwithstanding whether Furness Building Society will lend in such circumstances you still need to advise the borrower (unless you are acting for Furness Building Society alone) as to the risks of buying a property with an insolvent or absentee landlord.

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 Furness Building Society solicitor panel membership. Please remember that it is always important that you complete your insurance forms accurately.

You should contact Furness Building Society to obtain standard documents. The The Council of Mortgage Lenders Handbook has an express section for lenders to cite who to contact to obtain standard documents. Furness Building Society in their Part 2’s state: Please remember to quote your Furness Building Society solicitors panel reference.