Stafford Railway Building Society Conveyancing Panel Information

The information on this page is designed to keep solicitors and licensed conveyancers abreast of latest requirements changes by Stafford Railway Building Society and to assist in remaining on the Stafford Railway Building Society Approved Conveyancing Solicitors Panel.

Stafford Railway Building Society Solicitor Panel Assistance:

What are the Stafford Railway Building Society conveyancing panel arrangements?
Unlike the CML the Building Society Mortgage Instructions deal with this. Section A.12 states ‘In order to act on our behalf your firm or company must be a member of our conveyancing panel provided we are a society that operates one – see specific requirements for details of our arrangements. The Special Requirements state:

The Society uses Legal Marketing Services Ltd (LMS) for its panel arrangements.

You must also comply with the terms and conditions of your Stafford Railway Building Society solicitor panel appointment.

As a lawyer on the Stafford Railway Building Society solicitor panel who do I call if I have a query about the BSA Specific Requirements ?
If you are a solicitor and have a question relating to the mortgage instructions, you should make contact with Stafford Railway Building Society. The BSA will not advise or comment on specific queries relating to Stafford Railway Building Society or other lenders.
What obligations do I have, being on the Stafford Railway Building Society conveyancing panel, to carry out a Chancel Search?
Stafford Railway Building Society make no specific obligation to carry out any of the searches listed. The BSA Mortgage Instructions 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 Stafford Railway Building Society are concerned if they are ‘appropriate’. Most lenders will not require environmental searches (you should Check the Stafford Railway Building Society Specific Requirements of BSA 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.

Are there conditions, outside the BSA Mortgage Instructions, that a firm should be aware of when on the Stafford Railway Building Society conveyancing panel?
In order to be on the Stafford Railway Building Society conveyancing panel solicitors have to complete an application form and agree Terms and Conditions. A sample of 5 conditions that we see amongst many lenders Terms (but not necessarily Stafford Railway Building Society) are as follows:
  • To carry out our instructions with reasonable care and skill, ensuring that all employees carrying out mortgage work on our behalf are qualified and competent to do so
  • If you are a sole practitioner, to arrange for appropriate locum cover from our panel where necessary. Your locum must be a member of the Conveyancing panel.
  • You have the consent of all borrowers to apply for the deeds, before making any request for deeds. We will accept your request for deeds on the understanding that you have obtained such consent. If this is not the case then you should advise our Deeds Services Department in writing when you make your request
  • Without prejudice to your obligation to comply in full with the Safeguards provisions in the BSA Lenders’ Handbook, to report to us as soon as possible any suspicion that you have about the genuineness of any transaction in any respect.
  • To quote on all communications with us relating to registration issues, whether by telephone or in writing, the panel number that we provide for each practising address and the mortgage account or application number for the mortgage concerned.
Who do building societies accept on their approved solicitor panel?
In the same way that there is a unique Stafford Railway Building Society conveyancing panel most building societies, operate a conveyancing panel for solicitors and other conveyancers that the lender will instruct. Terms and Conditions and criteria for inclusion on a building society conveyancing panel vary from lender-to-lender. Having CQS accreditation may be a requirement.

Institutional lenders, such as a building society, is a client and is entitled to instruct the solicitor or conveyancer of its choosing (who, in turn, is free to accept or refuse instructions). Therefore, if lender and borrower cannot agree which solicitor or conveyancer should represent them jointly, they would usually proceed on a separate representation basis.

I recently attended a seminar arranged via my PI broker where it was mentioned that solicitors are being sued for non-compliance with BSA Mortgage Instructions. I am on the Stafford Railway Building Society conveyancing panel. Can you tell me how many Specific Requirement changes took place by Stafford Railway Building Society during 2013?
During this period 2 sections of the BSA Mortgage Instructions were changed by Stafford Railway Building Society. Some changes are more important than others but as a firm on the Stafford Railway Building Society conveyancing panel you are of course obliged to comply with individual lender requirements. Locktons have recently pointed out in an article that non-compliance with lender 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: BSA requirements are not guidelines; they are the lender client’s instructions.

I have been a sole practitioner for over 30 years with an exemplary claims record and have been refused acceptance on the Stafford Railway Building Society conveyancing panel with no explanation. Am I not entitled to a reason?
Participation on the lender's panel of conveyancers is at the absolute discretion of the the lender. The days of open panels are now long gone. Many lenders reserve the right to accept or reject any application without giving any reason. You should check your original application to join the Stafford Railway Building Society conveyancing panel to see if you are entitled to a reason.
What lender panels do you receive the most questions about?
BSA lenders do not come within the top 20 lenders in terms of frequency of questions. The most popular lender panels in terms of questions are as follows:

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