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Landbay Partners Solicitor Panel: Recently Asked Questions
It is possible that Landbay Partners could request or audit my files as I am on the
Landbay Partners conveyancing panel. Are there any confidentiality issues that I need to consider first?
We can't comment specifically on
Landbay Partners. 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.
Can you give me an example of some of the reports available via COMPLETIONmonitor to support my application to be on the Landbay Partners conveyancing panel
?
There are many reports available, five of which are as follows:
- Average mortgage advance
- Buy to Let transactions
- Average time frame to register charges at the Land Registry
- The percentage of the firm’s business which is conveyancing (broken down into sale/purchase and remortgage)
- Analysis as to the nature of clients (e.g.existing/new/seen in person)
As the COLP for my firm should I be thinking about SRA Handbook implications if my firm is withdrawn off the
Landbay Partners solicitor panel?
What you should do largely depends on the reason that your firm has been removed off the Landbay Partners
conveyancing panel. The top 3 reasons are as
follows:
- lack of transactions
- the lawyer is a sole practitioner
- as part of the HSBC panel reduction.
My firm is on the
Landbay Partners conveyancing panel. I am dealing with
Landbay Partners mortgage on a purchase. My borrower client is asking not to disclose an issue to
Landbay Partners. What do I do in this conflict situation?
When a solicitor is acting for both
Landbay Partners and borrower there is potential for conflicts
to arise. You owe duties to both clients. All information received by
you from your client is confidential and cannot be disclosed without
the client’s consent. In the situation you find yourself in if the
purchaser will not consent to the information being passed on to the
lender the solicitor must cease to act for the Landbay Partners
and it may well be prudent you to cease to act for the purchaser as
well. You can not tell the Landbay Partners the reason for
termination of the retainer over and above the fact that a conflict
has arisen. The fact that you can no longer act should alert even the
most somnambulistic of lenders that something is wrong with the
borrower and/or purchase. The fact that you have disinstructed
yourself should not affect your Landbay Partners conveyancing
panel status.
My conveyancing assistant has left my firm unexpectedly.
I urgently need to prioritise making sure that charges are registered. That said, how quickly do I need to send deeds to
Landbay Partners once the charge is registered before my firm runs the risk of being suspended off the conveyancing panel for Landbay Partners?
Landbay Partners will likely expect the deeds to be sent to them within 10 days of you receiving the TID (unless their specific P2 requirements specifically state that they you are not to send them anything). Most COTs refer to complying with the Certificate of Title referred to in IB (3.7) of the SRA Code of Conduct 2011, published by the Law Society which states that you ‘will despatch to you such deeds and documents relating to the Property as you require with a list of them in the form prescribed by you within ten working days of receipt by us of the title information document from the Land Registry’ As to whether the lender will suspend your panel status this very much varies according to the lender’s own internal policies The more cases you have the more risk you face. Some lenders may take action if there records show that the deeds are outstanding for more than 3 matters. The fact is that if you keep within the time frame then you will have more chance of remaining on the
Landbay Partners conveyancing panel.
JLT’s PI Insurance renewal form asks if my practice had been excluded from any lender panels in the last year.
I just discovered that the practice is no longer on the
Landbay Partners conveyancing panel? Will that impact my insurance?
Your insurance brokers are your best port of call to address this question.
The chances are that on the basis that you have not been removed for
fraud or negligence reasons that there will be little or no
impact. The main reason why a firm would be removed off of a lender
panel is due to low volume of conveyancing cases although there may be
a number of criteria for Landbay Partners solicitor panel
membership. Please remember that it is always important that you
complete your insurance forms accurately.
Our practice is on the
Landbay Partners
conveyancing panel and due to complete a remortgage within the next week. I can not locate a Legal Charge for the client to sign.
Who do I contact at Landbay Partners to get a duplicate Deed?
You need to contact Landbay Partners
to obtain standard documents. The The Council of Mortgage Lenders Handbook has an express question for banks to set out who to contact to obtain standard documents.
Landbay Partners in their Part 2’s state:
It helps to quote your Landbay Partners solicitors panel reference.
Find a Lawyer on the Landbay Partners Conveyancing Panel
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Average number of days to register title including a charge in favour of Landbay Partners
This information relates to purchase only and not remortgages.
Year | Days* |
---|---|
2024 | [no data] |
2023 | [no data] |
2022 | [no data] |
2021 | [no data] |
2020 | [no data] |
2019 | [no data] |
* Data aggregated from sources including COMPLETIONmonitor
Other related topics:
- CQS policy templates and procedures for accredited Landbay Partners Firms
- Draft Report on Title precedent for Landbay Partners borrowers
- Draft Anti Money Laundering PolicyTemplate for Landbay Partners panel firms to consider
- Dealing with Lender Policy Template panel for CQS accredited firms on the Landbay Partners lender panel
- Buy-to-Let help for Landbay Partners
- Consent-to-Let help for Landbay Partners
- Contractor Mortgages with Landbay Partners