Market Harborough Building Society Conveyancing Panel Information

The information on this page is designed to keep solicitors and licensed conveyancers abreast of latest requirements changes by Market Harborough Building Society and to assist in remaining on the Market Harborough Building Society Solicitor Panel.

Market Harborough Building Society Conveyancing Panel: Recently Asked Questions

What obligations do I have, being on the Market Harborough Building Society conveyancing panel, to carry out a Lawyer Checker Search, an HS2 search?
Market Harborough Building Society make no specific obligation to carry out any of the searches listed. The UK Finance Lenders’ Handbook 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’.

Remember that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Market Harborough Building Society are concerned if they are ‘appropriate’. Most lenders will not require environmental searches (you should Check Part 2 of UK Finance Lenders’ Handbook to be sure), but you are obliged to explain risks and availability to the client.

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. Is this covered within your Terms of Engagement or Report on Title?

One search supplier lists over 65 property searches – do you know what all of them are and when they may be relevant? If you are unsure as to which searches are appropriate based on location call your search provider or call one of the leading search companies such as Searchflow.

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A recent SRA survey reveals that 76% of solicitors have been removed from a lender conveyancing panel. Market Harborough Building Society and other lenders have restricted their panel over the years. Why?
In operating open conveyancing panels, lenders such as Market Harborough Building Society face a number of fraud and negligence risks. While there is no authoritative source of data on lender exposure to solicitor–led mortgage fraud, anecdotal evidence from lenders indicates exposure on individual cases are often in the millions of pounds. The National Fraud Authority estimates that £1bn per year is lost in mortgage -related frauds in total, which is seen as a conservative estimate.

These risks are exacerbated by the lack of a comprehensive set of data on all conveyancing firms (which, for the avoidance of doubt, would include solicitors and conveyancers across the UK) which is in a readily accessible format. Currently, lenders vet the suitability of their panel firms against a variety of disparate, incomplete and potentially inaccurate sets of information. One top 5 lender pointed out to us that it is almost impossible to track individual fraudsters who move from firm to firm, especially where they are no longer registered or no longer hold a valid practicing certificate.

Market Harborough Building Society and other 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. There is also regulatory impetus on lenders to ensure that they have satisfactory oversight of their third party panels, including a due-diligence process.

Are the Council of Licensed Conveyancers taking any action to ensure that licensed conveyancers remain on lender conveyancing panels?
As is the case with the Law Society the CLC has entered discussions with lenders 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 via ad hoc arrangements that can differ from lender to lender. We expect that that the CLC have been in touch with lenders such as Market Harborough Building Society in the recent past.
I noticed the following question on my PI renewal form this year ‘Has your Firm been asked by a lender to agree to more onerous terms and conditions than provided for in the UK Finance Lenders’ Handbook?’ My firm is on numerous approved panels including the Market Harborough Building Society conveyancing panel. We have Terms and Conditions of appointment which we have to follow. Do I disclose these these Conditions ?
The concern here is if you are expect to enter into ‘more onerous’ conditions that than the Handbook obligations. You have to try and take an objective view as to whether the Terms relating to the Market Harborough Building Society conveyancing appointment (or other terms for other lenders) are ‘more onerous’ than the UK Finance Lenders’ Handbook Conditions. Depending on the Terms you may need to provide details on your renewal form. If you are in any doubt please call your broker to discuss before completing the answer.
I have been a solicitor for approximately 35 years never having had a negligence claim and have been refused acceptance on the Market Harborough Building Society conveyancing panel with no explanation. Am I not entitled to to know why?
For most lenders participation on the lender's panel of conveyancers is at the absolute discretion of the the lender. Many lenders reserve the right to accept or reject any application without giving any reason. You should check your original application to join the Market Harborough Building Society conveyancing panel to see if you are entitled to a reason.
my firm’s membership of the Market Harborough Building Society conveyancing panel was suspended but was reinstated on appeal, do I need to disclose this information on my application for CQS accreditation?
We would recommend that you supply details of the date of removal, information on the reason for removal, date of appeal and any reason given for reinstatement. This should not adversely impact your application but gives the CQS team a complete picture of what has happened.
I am on the Market Harborough Building Society conveyancing panel and all set to complete a remortgage shortly. I dont have a Legal Charge for the client to sign. Who do I contact at Market Harborough Building Society to request substitute deeds?
You need to get in touch with Market Harborough Building Society to obtain standard documents. The CML Handbook contains an explicit section for lenders to enumerate who to contact to obtain standard documents. Market Harborough Building Society in their Part 2’s state:
It is likely that you will need to quote the firm’s Market Harborough Building Society solicitors panel reference.

Find a Lawyer on the Market Harborough Building Society Solicitor Panel

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Average number of days to register title including a charge in favour of Market Harborough Building Society
This information relates to purchase only and not remortgages.
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* Data aggregated from sources including COMPLETIONmonitor