Accord Mortgages Conveyancing Panel Information

The Scottish Law Society has advised that solicitors should check their panel status with lenders before accepting client instructions to act. The advice is lender-agnostic as it does not relate specifically to solicitors on the Accord Mortgages conveyancing panel. The recommendation arises from the practice of a number of mortgage lenders who remove solicitors from their panels without prior notice as part of their panel management system, which can lead to some solicitors discovering this only once instructed. This is sensible advice as a client finding out midway through a transaction that their lawyer is not on the approved lender panel is very frustrating and can lead to complaints. Many online consumer forums contain posts where someone is complaining about finding that their lawyer is not on a lender conveyancing panel. Such forums include mumsnet.com

Accord Mortgages make no specific obligation to carry out any of the searches listed. The UK Finance Lenders’ Handbook simply states that ‘you must ensure that any other searches which may be appropriate to the particular property, taking into account its locality and other features are carried out’.

Remember that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Accord Mortgages are concerned if they are ‘appropriate’. Most lenders will not require environmental searches (you should Check Part 2 of UK Finance Lenders’ Handbook to be sure), but you are obliged to explain risks and availability to the client.

Ground stability, Plansearch,flood searches as well as the searches listed in the question are optional – but only to the extent that you have allowed the borrower client to make an informed choice. Regardless of whether there is a mortgage, If you have not advised the client that these (and other) searches are available and what risks they cover, then you will be liable if the client suffers loss through not conducting one. Does your ROT and Ts and Cs cover this?

One search provider lists over 65 conveyancing searches – do you know what all of them are and when they may be relevant? If you are unsure as to which searches are appropriate based on location contact your search provider or call one of the leading search companies such as Searches UK.

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

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

Full disciplinary history for each conveyancing solicitor

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

Solicitor

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

Details of any accreditation e.g. Lexcel or

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

Number of partners per branch of the firm

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

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.

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

You need to contact Accord Mortgages to obtain standard documents. The CML Handbook contains an explicit inquiry for lenders to enumerate who to contact to obtain standard documents. It is likely that you will need to disclose the firm’s Accord Mortgages conveyancing panel reference.