Leeds Building Society Conveyancing Panel Information

The Council of Mortgage Lender requirements of Leeds Building Society are silent on this. Most lenders deal with the question of file retention via their Terms and Conditions where they generally provide that for evidential purposes, the firm must keep the file for at least of 6 years from the date of the mortgage. Data imagining is normally suitable compliance with this requirement. Many lenders point out in that it is the practice of some fraudsters to demand the conveyancing file on completion in order to destroy evidence that may later be used against them. It is therefore important to retain these documents to protect Leeds Building Society’s interest. To be absolutely sure of Leeds Building Society requirements in this regard please check the Terms and Conditions of Leeds Building Society’s conveyancing panel acceptance.

We can't comment specifically on Leeds Building Society. Many major lenders are now introducing ‘file auditing’ as standard practice in relation to completed matters. This raises questions of confidentiality in relation to the buyer client and the purpose to which the results of such audits will be put. The starting point is to remember that the file does not belong to your firm, it belongs to the ‘client’. But, of course, we will normally have two clients – the buyer and the lender - and you will owe a duty of confidentiality to each. So basically, you have to separate the file and just send the lender the parts solely relating to themselves. But, of course, as this will basically be correspondence with the lender, mortgage instructions etc.

Check with your COLP but a firm should not send the complete conveyancing file without the buyer client’s express consent – and if he is in arrears with the lender she is hardly likely to agree. However, if the lender can establish a prima facie case of fraud, then you may be under an obligation to disclose the whole file.

The emerging convention is that lenders are including an authority to disclose in loan application forms to counter this problem. Mortgage Express v Sawali, [2010] EWHC 3054 (Ch) indicates that such provisions are valid. Please click here for more information about that case.

Leeds Building Society approved solicitors have to comply with the Part II instructions relating to Transfer of Equity. These are set out in Section 16.3. First, your firm must approve the form of Transfer of Equity (which should be in the Land Registry's standard form) and, if Leeds Building Society require, the deed of covenant on their behalf. You will need to check Leeds Building Society CML Part 2 conditions to see if Leeds Building Society have standard forms of transfer and deed of covenant. Please note that this requirement can change from one transaction to another so do check! Second,When drafting or approving a transfer, you should bear in mind that: although the transfer should state that it is subject to the mortgage (identified by date and parties), it need give no details of the terms of the mortgage; the transfer need not state the amount of the mortgage debt. If it does, the figure should include both principal and interest at the date of completion, which you must check ; there should be no statement that all interest has been paid to date. Further obligations are set out in the UK Finance Lenders’ Handbook which have to be followed by all firms on the Leeds Building Society conveyancing panel

On the basis that your practice in is on the Leeds Building Society conveyancing panel and you are representing 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 Leeds Building Society are to lend, they may require indemnity insurance. In any event,you will need to check Leeds Building Society’s specific requirements. Notwithstanding whether Leeds Building Society will lend in such circumstances you still need to advise the borrower (unless you are acting for Leeds Building Society alone) as to the risks of buying a property with an insolvent or absentee freeholder.

It would be advisable to provide details of the date of removal, information on the reason for removal, date of appeal and any reason given for reinstatement. This should not negatively affect your firm’s application but gives the CQS team viability as to what has happened.

You would be advised to communicate with Leeds Building Society to obtain standard documents. The The Council of Mortgage Lenders Handbook contains an individual inquiry for lenders to enumerate who to contact to obtain standard documents. Leeds Building Society in their Part 2’s state: Always remember to quote the firm’s Leeds Building Society solicitors panel number.