What obligations do I have,
being on the
Ahli United Bank conveyancing panel, to carry out a Cancel Search?
Ahli United Bank 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
Ahli United Bank 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. Is this covered within your Terms of Engagement or Report on Title?
A leading search supplier lists over 72 property 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 Searchflow.
Why are Estate Agents using search tools to check if lawyers are on a lenders conveyancing panel?
Many estate agents will be feeling the pain if their clients start out on the conveyancing process using a conveyancer who is not on the panel with the purchaser’s chosen lender. Many
conveyancing firms are only discovering when they begin working on a
case that they are no longer able to work with that lender. Given
the inevitable resultant delays in the transaction the chances of an
abortive deal increases dramatically. in the circumstances there is
understandable anguish on the part of the estate agent as a result of
the lost time should the client have to change lawyers.
My firm is not on the
Ahli United Bank conveyancing panel as well other banks.
My clients, who are getting a mortgage with Ahli United Bank still want me to act for them regardless of the fact that we are not on the
Ahli United Bank panel. Am I doing anything wrong is suggesting to my client that they use a firm down the road to act for
Ahli United Bank on mortgage aspect of the conveyancing?
Please tread carefully here as what you are proposing may not be acceptable to the mortgage company.
It is possible that you (as a non-panel firm) or the mortgage applicant are not at liberty instruct a panel firm of your choice. An increasing amount of lenders are making it clear to their panel firms that where a non-panel member firm is instructed by one of their mortgage applicants, the lender must appoint a panel firm to carry out its instructions and to liaise with the borrower's conveyancing firm.
You also need to make the costs implications and potential for delay very clear to your client.
The firm that I work for is on the
Ahli United Bank conveyancing panel. I am dealing with
Ahli United Bank mortgage on a purchase. My borrower client is asking not to disclose an issue to
Ahli United Bank. What do I do in this conflict situation?
When a solicitor is acting for both
Ahli United Bank 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 Ahli United Bank
and it may well be prudent you to cease to act for the purchaser as
well. You can not tell the Ahli United Bank 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 Ahli United Bank conveyancing
panel status.
I have been a solicitor for approximately 20 years never having had a negligence claim and have been refused acceptance on the
Ahli United Bank conveyancing panel with no explanation. Am I not entitled to a reason?
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
Ahli United Bank conveyancing panel to see if you are entitled to a reason.
Our membership of the
Ahli United Bank conveyancing panel was suspended but was reinstated on appeal, do I need to include this information on my application for CQS accreditation?
It would be advisable to supply details of the date of removal, information on the reason for
removal, date of appeal and any reason given for reinstatement. This
should not negatively affect your firm’s application but gives the CQS team viability as to what has occured.
My firm is listed on the
Ahli United Bank
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 Ahli United Bank to obtain duplicate documents?
You should communicate with Ahli United Bank
to obtain standard documents. The The Council of Mortgage Lenders Handbook includes an express inquiry for lenders to enumerate who to contact to obtain standard documents.
Ahli United Bank in their Part 2’s state:
Please remember to quote your Ahli United Bank conveyancing panel number.