Accord Mortgages Conveyancing Panel Information

Criteria differ from lender to lender. We do not hold specific requirements relating to the questions raised as part of the application to be on the Accord Mortgages conveyancing panel. Typically lenders need to have full knowledge of a firm including (but not limited to):

Full complaints history for each conveyancing solicitor

Automated alerting to inform lenders when there is a fundamental change to the firm (e.g. change of management)

Solicitor

Full disciplinary history for each conveyancing solicitor

House price discrepancies (declared to lender vs. registered at Land Registry)

Number of partners per branch of the firm

List of all those who fund the firm, including non-lawyers if applicable

List of all those who can sign off the Certificate Of Title

Full career history for each licensed conveyancer including registration date with Council of Licensed Conveyancers

Details of any accreditation e.g. Lexcel or

We can't comment specifically on Accord Mortgages. 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 buyer client 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.

In order to be on the Accord Mortgages 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 Accord Mortgages) are as follows:

• Without prejudice to your obligation to comply in full with the Safeguards provisions in the CML Lenders’ Handbook, to report to us as soon as possible any suspicion that you have about the genuineness of any transaction in any respect.
• 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.
• To quote on all communications with us relating to deeds/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.
• 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
• To keep us informed of the reasons for any delay in your being able to send the title deeds and documents we require to us within 3 months of completion or evidence of proof of registration within that period. (We will send reminders if the deeds have not been received but will not acknowledge receipt of deeds.)

For most lenders participation on the lender's panel of conveyancers is at the absolute discretion of the the lender. Many lenders reserve the right to accept or reject any application without giving any reason. You should check your original application to join the Accord Mortgages conveyancing panel to see if you are entitled to a reason.

In the circumstances please clarify on the application what steps you have taken to find out the reasons behind cancellation of your Accord Mortgages panel status. In particular please provide details if you have received communications from the lender. E.G. before termination of your panel membership did you receive any letters or calls from the lender advising you as to their reasons?

You need to communicate with Accord Mortgages to obtain standard documents. The The Council of Mortgage Lenders Handbook contains an individual section for lenders to establish who to contact to obtain standard documents. Accord Mortgages in their Part 2’s state: Please remember to quote the firm’s Accord Mortgages conveyancing panel reference.