Gen H Conveyancing Panel Information

The requirements to join the Gen H conveyancing panel is likely to be fairly detailed and is unlikely to include signing up to LENDERmonitor alerts.

In operating open conveyancing panels, lenders such as Gen H 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.

Gen H 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.

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. (I) 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 Gen H immediately. (b) 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 Gen H’s mortgage offer are correct. If they are not, please let Gen H know as soon as possible as it will be necessary for Gen H to check with the valuer whether the valuation needs to be revised. Gen H conveyancing panel solicitors are not expected to assume the role of valuer. Gen H are simply trying to ensure that the valuer has valued the property based on correct information. Thirdly, Gen H 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. Gen H recommend that, if we send a copy of a valuation report that Gen H 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 Gen H 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 Gen H conveyancing panel

On the basis that your practice in is on the Gen H 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 Gen H are to lend, they may require indemnity insurance. In any event,you will need to check Gen H’s specific requirements. Notwithstanding whether Gen H will lend in such circumstances you still need to advise the borrower (unless you are acting for Gen H alone) as to the risks of buying a property with an insolvent or absentee landlord.

It would be advisable to 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 firm’s application but gives the Law Society viability as to what has occured.

You need to communicate with Gen H to obtain standard documents. The The Council of Mortgage Lenders Handbook contains a specific inquiry for banks to reveal who to contact to obtain standard documents. Gen H in their Part 2’s state: It helps to quote the firm’s Gen H conveyancing panel number.