Birmingham Midshires Conveyancing Panel Information

Lexsure has not been advised of any intention on the part of the CML to develop such a search facility.

The CML, along with Birmingham Midshires and other members developed a standard set of instructions where a solicitor is representing a lender such as Birmingham Midshires alone in a residential conveyancing matter. These requirements are contained at Part 3 of the UK Finance Lenders’ Handbook and are to be followed in conjunction with Parts 1 & 2. The CML have published an example requirements letter to the borrower’s conveyancing solicitor for use by the lender's conveyancer, and sets out to the borrower's conveyancer, the documentary and information requirements of the lender's panel lawyer.

We only know of a couple of banks that operate a distinct approved solicitors panel where the mortgage advance is over a certain amount. You should nevertheless check directly with Birmingham Midshires. 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 Birmingham Midshires

We can't comment specifically on Birmingham Midshires. 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 dispute with the lender he 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.

You should provide details of the date of removal, information on the reason for removal, date of appeal and any reason given for reinstatement. This should not adversely impact your application but gives the CQS team viability as to what has gone on.

You should contact Birmingham Midshires to obtain standard documents. The CML Handbook contains an explicit section for lenders to enumerate who to contact to obtain standard documents. Birmingham Midshires in their Part 2’s state: Don’t forget to quote your Birmingham Midshires solicitors panel reference.