Birmingham Midshires Conveyancing Panel Information

The information on this page is designed to keep solicitors and licensed conveyancers abreast of latest requirements changes by Birmingham Midshires and to assist in remaining on the Birmingham Midshires Conveyancing Panel.

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Birmingham Midshires Solicitor Panel: Recently Asked Questions

A recent SRA survey reveals that 76% of solicitors have been removed from a lender conveyancing panel. Birmingham Midshires and other lenders have restricted their panel over the years. Why?

In operating open conveyancing panels, lenders such as Birmingham Midshires face a number of fraud and negligence risks. While there is no authoritative source of data on lender exposure to solicitor–led mortgage fraud, anecdotal evidence from lenders indicates exposure on individual cases are often in the millions of pounds. The National Fraud Authority estimates that £1bn per year is lost in mortgage -related frauds in total, which is seen as a conservative estimate.

These risks are exacerbated by the lack of a comprehensive set of data on all conveyancing firms (which, for the avoidance of doubt, would include solicitors and conveyancers across the UK) which is in a readily accessible format. Currently, lenders vet the suitability of their panel firms against a variety of disparate, incomplete and potentially inaccurate sets of information. One top 5 lender pointed out to us that it is almost impossible to track individual fraudsters who move from firm to firm, especially where they are no longer registered or no longer hold a valid practicing certificate.

Birmingham Midshires and other lenders are in varying stages of reviewing their approach to vetting firms on their conveyancing panels, to ensure their ongoing exposure to unsuitable firms is reduced. There is also regulatory impetus on lenders to ensure that they have satisfactory oversight of their third party panels, including a due-diligence process.

I understand that Birmingham Midshires could request or audit my files as I am on the Birmingham Midshires conveyancing panel. Are there any confidentiality issues that I need to consider first?

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 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.

I recently attended a seminar arranged via my PI broker where it was mentioned that solicitors are being sued for non-compliance with Part 2 requirements . I am on the Birmingham Midshires conveyancing panel can you tell me how Part 2 changes took place by Birmingham Midshires during 2013?

During 2013, 50 sections of the UK Finance Lenders’ Handbook P2 were changed by Birmingham Midshires. Some changes are more important than others but as a firm on the Birmingham Midshires 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.

My firm is on the Birmingham Midshires conveyancing panel. I am dealing with Birmingham Midshires mortgage on a purchase. My borrower client is asking not to disclose an issue to Birmingham Midshires. What do I do in this conflict situation?

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

I have been a qualified solicitor for nearly 25 years with an exemplary claims record and have been refused acceptance on the Birmingham Midshires conveyancing panel with no explanation. Am I not entitled to to know why?

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 Birmingham Midshires conveyancing panel to see if you are entitled to a reason.

Our membership of the Birmingham Midshires conveyancing panel was terminated but was reinstated on appeal, do I need to include these details on my application for CQS accreditation?

We would recommend that you 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 adversely impact your application but gives the Law Society a complete picture of what has gone on.

I am on the Birmingham Midshires conveyancing panel and all set to complete a remortgage within the next few weeks. I dont have a Mortgage Deed for the client to execute. Who do I contact at Birmingham Midshires to get a duplicate Deed?

You should communicate with Birmingham Midshires to obtain standard documents. The The Council of Mortgage Lenders Handbook incorporates an express inquiry for lenders to reveal who to contact to obtain standard documents. Birmingham Midshires in their Part 2’s state:

You will need to disclose your Birmingham Midshires solicitors panel number.

Find a Lawyer on the Birmingham Midshires Conveyancing Panel

Average number of days to register title including a charge in favour of Birmingham Midshires

This information relates to purchase only and not remortgages.

Year	Days*
2024	[no data]
2023	55.4
2022	[no data]
2021	[no data]
2020	[no data]
2019	33.7

* Data aggregated from sources including COMPLETIONmonitor

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Please note that Lexsure Ltd is in no way associated with nor affiliated with Lexsure Solicitors