Accord Mortgages Conveyancing Panel Information

We only know of two or three lenders that operate a separate approved solicitors panel where the mortgage advance is over a certain threshold. You should nevertheless check directly with Accord Mortgages. At one stage HSBC would only allow Sole practitioners to act for them where the mortgage was below £150,000. We are not sure if HSBC still operate such a condition. In your case it is best to check with Accord Mortgages

During 2013, 71 sections of the UK Finance Lenders’ Handbook P2 were changed by Accord Mortgages. Some changes are more important than others but as a firm on the Accord Mortgages 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.

When a solicitor is acting for both Accord Mortgages 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 Accord Mortgages and it may well be prudent you to cease to act for the purchaser as well. You can not tell the Accord Mortgages 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 Accord Mortgages conveyancing panel status.

Accord Mortgages approved solicitors are bound by the Part II instructions relating to Transfer of Equity. These are set out in Section 16.3. First, your firm must approve the form of Transfer of Equity (which should be in the Land Registry's standard form) and, if Accord Mortgages require, the deed of covenant on their behalf. You will need to check Accord Mortgages CML Part 2 conditions to see if Accord Mortgages have standard forms of transfer and deed of covenant. Please note that this requirement can change from one transaction to another so do check! Second,When drafting or approving a transfer, you should bear in mind that: although the transfer should state that it is subject to the mortgage (identified by date and parties), it need give no details of the terms of the mortgage; the transfer need not state the amount of the mortgage debt. If it does, the figure should include both principal and interest at the date of completion, which you must check ; there should be no statement that all interest has been paid to date. Further obligations are set out in the UK Finance Lenders’ Handbook which have to be followed by all firms on the Accord Mortgages conveyancing panel

In this situation 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 revocation of your panel membership did you receive any letters or calls from the lender putting you on notice?

You would be advised to contact Accord Mortgages to obtain standard documents. The The Council of Mortgage Lenders Handbook includes an express question for banks to enumerate who to contact to obtain standard documents. Accord Mortgages in their Part 2’s state: Don’t forget to quote the firm’s Accord Mortgages solicitors panel reference.