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Ready to buy a new home? Failing to check that a lawyer is on the MandS list of approved solicitors can put your transaction at risk of delay or failure.
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How does my firm apply to be on the M&S Bank Conveyancing Panel? How can my firm be reinstated onto the M&S Bank Conveyancing Panel?Find an Approved Solicitor on the M&S Bank Conveyancing Panel
Examples of recent questions relating to the M&S Bank Conveyancing Panel
My fiance and I are hoping to buy a 1 bedroom flat in Hackney with a mortgage from M&S Bank. We have a lawyer but M&S Bank says she’s not on their "panel". We have to appoint one of the M&S Bank panel solicitors or keep our solicitor and pay for one of their panel ones to represent them. This seems very unfair; Can we not simply insist that M&S Bank use our lawyer?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the M&S Bank conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your solicitors to apply to be on the conveyancing panel for M&S Bank
Our conveyancer has discovered a legal deficiency with the lease for the property we are purchasing. The seller’s lawyers have suggested defective title insurance as a solution. We are happy with insurance and will pay for it. Our lawyer has advised that as he is on the M&S Bank conveyancing panel he must ensure that the lender is happy with this solution. Are we the client or is M&S Bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and M&S Bank are the client. A precondition to being on the M&S Bank approved panel is to comply with the CML Handbook requirements (last updated for this lender on M&S Bank). The CML Handbook conditions require your lawyer to disclose issues such as defects will the lease so that M&S Bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
Whilst your website is a good idea there are many lawyers listed near Chelsea on the M&S Bank conveyancing panel. Can you recommend a specific firm on the M&S Bank approved panel?
We are not in the business of recommending one firm above another as the right firm for you depends on where your priorities lie. For example you may require a local firm with local knowledge or you might be looking for the low cost conveyancing. We recommend that you speak to 3 or 4 lawyers listed before you make your choice..
My conveyancers in Manchester have advised me that no longer have my conveyancing file. At the time of my purchase I took out a mortgage with M&S Bank. Is it case that being on the M&S Bank conveyancing panel they need to have retained the file for a number of years?
It very much depends from lender to lender but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the M&S Bank Conveyancing Panel Terms. It might be worth you contacting M&S Bank directly.
I had instructed online conveyancers based in Manchester who are on the M&S Bank solicitor panel. They are now charging me a separate fee of £135 for dealing with the M&S Bank mortgage. Is this a supplemental conveyancing fee specified by M&S Bank?
Unfortunately, as long as it is in their Terms and Conditions or Quote then yes your solicitors can charge a fee for this. This fee is not set by M&S Bank but by your lawyers. Some firms on the M&S Bank will charge an ‘acting for lender’ fee but plenty of firms include it on their overall fee.
I have decided to exercise my right to buy my property off the council. I have a mortgage offer with M&S Bank. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event if you are getting a mortgage with M&S Bank you will need to appoint a solicitor on the M&S Bank conveyancing panel.
My ex -wife’s name is on the M&S Bank mortgage of my property but not on the land registry. The apartment was transferred to me on our divorce many years ago by way of a sealed court order. Does my ex still have a say on the sale even though the land registry showing the property in my name alone? Will I be required to take her name of the M&S Bank mortgage in order to sell?
As regards the M&S Bank mortgage, it is unusual that your ex-wife’s name remains on the mortgage but not on the title. It is conceivable that this is an oversight on the part of your conveyancers to ensure that her name was removed or even an administrative error on the part of M&S Bank in failing to update their data. In any event, it should cause difficulty providing her name no longer appears on the Land Registry title and you have a court order ordering that the property is transferred to you.
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