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Gen H Solicitor Panel: Recently Asked Questions
As the nominated COLP for my firm what do I need to consider in terms of disclosures to the SRA if my firm is removed off the
Gen H solicitor panel?
The answer to this question really depends on the reason that your firm has been removed off the Gen H
conveyancing panel. The top 3 reasons are as
follows:
- lack of transactions
- the lawyer is a sole practitioner
- as part of the HSBC panel reduction.
Who do building societies allow to be on their Conveyancing Panels?
In the same way that there is a unique Gen H
conveyancing panel most building societies, operate a conveyancing
panel for solicitors and other conveyancers that the lender will
instruct. Terms and Conditions and criteria for inclusion on a
building society conveyancing panel vary from lender-to-lender. Having
CQS accreditation may be a requirement. Institutional lenders, such
as a building society, is a client and is entitled to instruct the
solicitor or conveyancer of its choosing (who, in turn, is free to
accept or refuse instructions). Therefore, if lender and borrower
cannot agree which solicitor or conveyancer should represent them
jointly, they would usually proceed on a separate representation
basis. The BSA have not published the equivalent of the UK Finance Lenders’ Handbook
Part 3s.
My practice have never been on the
Gen H conveyancing panel as well other banks.
My clients, who are getting a mortgage with Gen H still want me to act for them even though I am not on the
Gen H panel. Is it fine for me to use a firm down the road to act for
Gen H on mortgage aspect of the conveyancing?
You need to be careful here as what you are intending may not be acceptable to the mortgage company.
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 will 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.
I noticed the following question on my PI renewal form this year ‘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 bank panels including the
Gen H conveyancing panel. We have Terms and Conditions of appointment which we are duty bound to comply with. Am I supposed to mention these Terms ?
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
Gen H 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.
The firm that I work for is on the
Gen H conveyancing panel. I am dealing with
Gen H mortgage on a purchase. My borrower client is asking not to disclose an issue to
Gen H. What do I do in this conflict situation?
When a solicitor is acting for both
Gen H 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 Gen H
and it may well be prudent you to cease to act for the purchaser as
well. You can not tell the Gen H 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 Gen H conveyancing
panel status.
Our membership of the
Gen H conveyancing panel was terminated but was reinstated on appeal, do I need to disclose this information 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 adversely impact your application but gives the Law Society viability as to what has happened.
My firm is listed on the
Gen H
conveyancing panel and all set to complete a purchase within the next week. I dont have a Legal Charge for the client to execute.
Who do I contact at Gen H to obtain duplicate documents?
You would be advised to get in touch with Gen H
to obtain standard documents. The The Council of Mortgage Lenders Handbook has an individual inquiry for lenders to cite who to contact to obtain standard documents.
Gen H in their Part 2’s state:
Please remember to disclose the firm’s Gen H conveyancing panel reference.
Find a Lawyer on the Gen H Conveyancing Panel
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Average number of days to register title including a charge in favour of Gen H
This information relates to purchase only and not remortgages.
Year | Days* |
---|---|
2025 | [no data] |
2024 | [no data] |
2023 | [no data] |
2022 | [no data] |
2021 | [no data] |
2020 | [no data] |
* Data aggregated from sources including COMPLETIONmonitor
Other related topics:
- CQS policy templates and procedures for accredited Gen H Firms
- Draft Report on Title precedent for Gen H borrowers
- Draft Anti Money Laundering PolicyTemplate for Gen H panel firms to consider
- Dealing with Lender Policy Template panel for CQS accredited firms on the Gen H lender panel
- Buy-to-Let help for Gen H
- Consent-to-Let help for Gen H
- Contractor Mortgages with Gen H