Halifax Conveyancing Panel Information

The information on this page is designed to keep solicitors and licensed conveyancers abreast of latest requirements changes by Halifax and to assist in remaining on the Halifax Conveyancing Panel.

Halifax Solicitor Panel: Recently Asked Questions

Are Halifax Conveyancing panel solicitors under an obligation to disclose incentives?
Halifax’s answer to this question can be found at section 6.4.4 of their CML Part 2 requirements

Read More

Given my firm’s membership on the Halifax conveyancing panel how long am I expected to archive the complete conveyancing file?
The Council of Mortgage Lender requirements of Halifax are silent on this. Most lenders deal with the question of file retention via their Terms of panel appointment 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 Halifax’s interest. To be absolutely sure of Halifax requirements in this regard please check the Terms and Conditions of Halifax’s conveyancing panel appointment.
Do you have any idea what Lenders such as Halifax are asking for when it comes to applying to be on their approved solicitor list?
Each lender has different criteria. We do not hold specific requirements relating to the questions raised as part of the application to be on the Halifax conveyancing panel. Typically lenders need to have full knowledge of a firm including (but not limited to):
  • Summary of annual accounts
  • Full complaints history for each licensed conveyancer
  • Number of lender conveyancing panels the firm is currently on
  • Whether the firm is able to operate in other jurisdictions
  • List of all those who can sign off the Certificate Of Title
  • Full career history for each solicitor including admission date to the relevant Law Society
  • Whether the firm has ever applied for accreditation and the outcome of the application
  • conveyancer client account(s) details
  • Details of any accreditation e.g. Lexcel or
  • Whether the firm has ever accepted instructions in respect of property clubs and investment schemes
  • A recent SRA survey reveals that 76% of solicitors have been removed from a lender conveyancing panel. Halifax and other lenders have restricted their panel over the years. Why?
    In operating open conveyancing panels, lenders such as Halifax 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.

    Halifax 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.

    Theoretically Halifax could request or audit my files as I am on the Halifax conveyancing panel. Are there any confidentiality issues that I need to consider first?
    We can't comment specifically on Halifax. 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 borrower 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 she 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.

    We had our Halifax panel membership revoked but we have not yet been given an explanation yet. I am completing a CQS application form what information should I disclose?
    In the circumstances please clarify on the form what action you have taken to find out the reasons behind cancellation of your Halifax panel membership. In particular please provide details if you have received communications from the lender. E.G. before revocation of your panel membership did you receive any letters or calls from the lender putting you on notice?
    I am on the Halifax conveyancing panel and due to complete a purchase shortly. My file does not contain a Legal Charge for the client to execute. Who do I contact at Halifax to get a duplicate Deed?
    You would be advised to get in touch with Halifax to obtain standard documents. The The Council of Mortgage Lenders Handbook contains an explicit question for lenders to set out who to contact to obtain standard documents. Halifax in their Part 2’s state:
    It is likely that you will need to disclose your Halifax solicitors panel reference.

    Find a Lawyer on the Halifax Conveyancing Panel

    powered by LenderPanel

    Average number of days to register title including a charge in favour of Halifax
    This information relates to purchase only and not remortgages.
    YearDays*
    2024 31.6
    2023 [no data]
    2022 [no data]
    2021 [no data]
    2020 [no data]
    2019 [no data]
    * Data aggregated from sources including COMPLETIONmonitor