Lloyds Conveyancing Panel Information

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

Lloyds Solicitor Panel: Recently Asked Questions

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What obligations do I have, being on the Lloyds conveyancing panel, to carry out a flood search?
Lloyds 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 Lloyds 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?

A leading search supplier lists over 72 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 call your search provider or call one of the leading search companies such as Searchflow.

Theoretically Lloyds could request or audit my files as I am on the Lloyds conveyancing panel. What do I do if I receive such a request?
We can't comment specifically on Lloyds. 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.

My firm is not on the Lloyds conveyancing panel as well other lenders. My clients, who have applied for a mortgage with Lloyds would still like to instruct me regardless of the fact that we are not on the Lloyds panel. Is it fine for me to use a firm down the road to act for Lloyds on mortgage aspect of the conveyancing?
You need to be careful here as what you are suggesting may not be acceptable to the lender. It is possible that you (as a non-panel firm) or the mortgage applicant are not entitled instruct a panel firm of your choice. Many lenders make 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 conveyancer. You also need to make the costs implications and potential for delay very clear to your client.
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 the majority of lender panels including the Lloyds conveyancing panel. We have Terms and Conditions of appointment which we have to follow. Should I reference these Conditions ?
The key here is the caveat ‘more onerous’. You have to try and take an objective view as to whether the Terms relating to the Lloyds 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 completing the answer.
Marsh’s PII renewal form enquires if my practice had been removed off any lender panels in the last 12 months. I recently discovered that the firm is no longer on the Lloyds conveyancing panel? Is this likely to impact my insurance?
Your insurance brokers are your best port of call to address this question. The chances are that on the basis that you have not been removed for fraud or negligence reasons that there will be little or no impact. The main reason why a firm would be removed off of a lender panel is due to low volume of conveyancing cases although there may be a number of criteria for Lloyds solicitor panel membership. Please remember that it is always important that you complete your insurance forms accurately.
Our practice is on the Lloyds conveyancing panel and scheduled to complete a remortgage shortly. My papers do not include a Mortgage Deed for the client to sign. Who do I contact at Lloyds to obtain duplicate documents?
You would be advised to contact Lloyds to obtain standard documents. The The Council of Mortgage Lenders Handbook contains an individual section for lenders to enumerate who to contact to obtain standard documents. Lloyds in their Part 2’s state:
It helps to disclose your Lloyds conveyancing panel number.

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Average number of days to register title including a charge in favour of Lloyds
This information relates to purchase only and not remortgages.
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* Data aggregated from sources including COMPLETIONmonitor