The Mortgage Works Conveyancing Panel Information

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

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The Mortgage Works Conveyancing Panel: Recently Asked Questions

A recent SRA survey reveals that 76% of solicitors have been removed from a lender conveyancing panel. The Mortgage Works and other lenders have restricted their panel over the years. Why?

In operating open conveyancing panels, lenders such as The Mortgage Works 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.

The Mortgage Works 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.

It is possible that The Mortgage Works could request or audit my files as I am on the The Mortgage Works conveyancing panel. What do I do if I receive such a request?

We can't comment specifically on The Mortgage Works. 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 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.

I have read a number of legal articles recently about firms being sued for non-compliance with Part 2 requirements . I am on the The Mortgage Works conveyancing panel can you tell me how Part 2 changes took place by The Mortgage Works during 2013?

During 2013, 129 sections of the UK Finance Lenders’ Handbook P2 were changed by The Mortgage Works. Some changes are more important than others but as a firm on the The Mortgage Works conveyancing panel you are of course obliged to comply with individual lender requirements, as set out in Part II of the UK Finance Lenders’ Handbook. Locktons have recently pointed out in an article that non-compliance with Part 2 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: CML requirements are not guidelines; they are the lender client’s instructions.

In carrying out leasehold conveyancing do The Mortgage Works panel solicitors need to consider if there is an insolvent landlord?

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

The firm I run is a Lexcel accredited firm on the The Mortgage Works conveyancing panel. Do you have ideas as to how we can market our practice as conducting conveyancing in Hendon who can act for the borrower and The Mortgage Works?

7 people attempt to locate a conveyancing practitioner on the The Mortgage Works panel every 4 weeks in Hendon. Please contact the team at lenderpanel.com to see how your firm can be listed by those searching for conveyancing in Hendon.

Should Conveyancing Quality Scheme acceptance guarantee my firm’s acceptance on to lenders conveyancing panels?

CQS accreditation is no guarantee to lender panel acceptance. Nevertheless the Council of Mortgage Lenders have indicated that it is likely to become a prerequisite for firms wishing to join their approved list of firms. A number of mortgage companies now use CQS as the starting point for Panel acceptance such as Santander.

Our practice is on the The Mortgage Works conveyancing panel and all set to complete a remortgage shortly. My file does not contain a Mortgage Deed for the client to sign. Who do I contact at The Mortgage Works to get a duplicate Deed?

You would be advised to contact The Mortgage Works to obtain standard documents. The CML Handbook incorporates an individual section for lenders to enumerate who to contact to obtain standard documents. The Mortgage Works in their Part 2’s state:

It is likely that you will need to quote your The Mortgage Works solicitors panel reference.

Find a Lawyer on the The Mortgage Works Solicitor Panel

Average number of days to register title including a charge in favour of The Mortgage Works

This information relates to purchase only and not remortgages.

Year	Days*
2024	[no data]
2023	55.0
2022	[no data]
2021	[no data]
2020	[no data]
2019	45.6

* Data aggregated from sources including COMPLETIONmonitor

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Please note that Lexsure Ltd is in no way associated with nor affiliated with Lexsure Solicitors