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.
My PI renewal application this year contained the following question: ‘Has your Firm been asked by a lender to agree to more onerous terms and conditions than provided for in the UK Finance Lenders’ Handbook?’ My firm is on a number of approved panels including the
Birmingham Midshires conveyancing panel. We have Terms and Conditions of appointment which we have to follow. Should I reference these Conditions ?
The concern here is if you are expect to enter into ‘more onerous’ conditions that than the Handbook obligations.
You have to try and take an objective view as to whether the Terms relating to the
Birmingham Midshires conveyancing appointment (or other terms for other lenders) are ‘more onerous’ than the UK Finance Lenders’ Handbook Conditions. Depending on the Terms you may need to provide details on your renewal form. If you are in any doubt please call your broker to discuss before moving forward on this question.
I seldom receive a copy of a lender valuation any more. Do my Birmingham Midshires conveyancing panel obligations extend to checking the valuation details where I am acting on a purchase with
Birmingham Midshires as the Mortgagee?
There are various requirements you need to follow if you wish to comply with your lender client’s instructions as set out in the UK Finance Lenders’ Handbook. (a) You must take reasonable steps to verify that there are no discrepancies between the description of the property as valued and the title and other documents which a reasonably competent conveyancer should obtain, and, if there are, you must tell
Birmingham Midshires immediately. (II) You should take reasonable steps to verify that the assumptions stated by the valuer about the title (for example, its tenure, easements, boundaries and restrictions on its use) in the valuation and as stated in
Birmingham Midshires’s mortgage offer are correct. If they are not, please let
Birmingham Midshires know as soon as possible as it will be necessary for
Birmingham Midshires to check with the valuer whether the valuation needs to be revised.
Birmingham Midshires conveyancing panel solicitors are not expected to assume the role of valuer.
Birmingham Midshires are simply trying to ensure that the valuer has valued the property based on correct information. (c) Birmingham Midshires recommend that you should advise the borrower that there may be defects in the property which are not revealed by the inspection carried out by their valuer and there may be omissions or inaccuracies in the report which do not matter to them as a lender but which would matter to the borrower.
Birmingham Midshires recommend that, if we send a copy of a valuation report that
Birmingham Midshires have obtained, you should also advise the borrower that the borrower should not rely on the report in deciding whether to proceed with the purchase and that he obtains his own more detailed report on the condition and value of the property, based on a fuller inspection such as a homebuyers report or structural survey.
If you do not receive a copy of the valuation you can always ask for a copy of one from
Birmingham Midshires or the borrower. You still need to comply with the UK Finance Lenders’ Handbook Requirement relating to valuation reports even if you don't receive one directly. Failure to comply not only runs the risk of facing a claim by the lender but also being removed from the
Birmingham Midshires conveyancing panel
When in comes to leasehold due diligence do
Birmingham Midshires conveyancing panel lawyers have to consider if there is an insolvent landlord?
Given that your practice in is on the
Birmingham Midshires conveyancing panel and you are representing them in relation to a leasehold property, you must report to them if it becomes apparent that the landlord is either absent or insolvent. If
Birmingham Midshires are to lend, they may require indemnity insurance. In any event,you will need to check
Birmingham Midshires’s specific requirements. Notwithstanding whether
Birmingham Midshires will lend in such circumstances you still need to advise the borrower (unless you are acting for
Birmingham Midshires alone) as to the risks of buying a property with an insolvent or absentee landlord.
My conveyancing assistant has left my firm on short notice.
I urgently need to prioritise making sure that charges are registered. That said, how quickly do I need to send deeds to
Birmingham Midshires once the charge is registered before my firm runs the risk of being suspended off the conveyancing panel for Birmingham Midshires?
Birmingham Midshires will likely expect the deeds to be sent to them within 10 days of you receiving the TID (unless their specific P2 requirements specifically state that they you are not to send them anything). Most COTs refer to complying with the Certificate of Title referred to in IB (3.7) of the SRA Code of Conduct 2011, published by the Law Society which states that you ‘will despatch to you such deeds and documents relating to the Property as you require with a list of them in the form prescribed by you within ten working days of receipt by us of the title information document from the Land Registry’ As to whether the lender will suspend your panel status this very much varies according to the lender’s own internal policies The more cases you have the more risk you face. Some lenders may take action if there records show that the deeds are outstanding for more than 3 matters. The fact is that if you keep within the time frame then you will have more chance of remaining on the
Birmingham Midshires conveyancing panel.
my firm’s membership of the
Birmingham Midshires conveyancing panel was terminated but was reinstated on appeal, do I need to include these details on my CQS application?
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 negatively affect your application but gives the CQS team a complete picture of what has happened.
Our practice is on the
Birmingham Midshires
conveyancing panel and all set to complete a purchase within the next few weeks. I can not locate a Mortgage Deed for the client to sign.
Who do I contact at Birmingham Midshires to request substitute deeds?
You need to communicate with Birmingham Midshires
to obtain standard documents. The The Council of Mortgage Lenders Handbook includes a specific question for lenders to set out who to contact to obtain standard documents.
Birmingham Midshires in their Part 2’s state:
It is likely that you will need to disclose the firm’s Birmingham Midshires solicitors panel reference.