Looking for information about your firm's panel status?
Habito Conveyancing Panel: Recently Asked Questions
Can my firm make a complaint to the CML about being suspended from the Habito conveyancing panel?
The CML is not a regulator and therefore will not investigate complaints against lenders. You can of course contact Lexsure to see if we can assist.
Is there a standard appeals process to prevent solicitors from being unfairly removed them from lender conveyancing panels?
We have come across many solicitors who feel they have been removed from lenders’ panels without an explanation or a good
reason. It is highly unlikely, given that lenders have distanced
themselves from creating a standardised appeals process for
brokers, that an appeals process will be introduced for
lawyers. Commenting on the call by brokers to have a standardised
process the CML said’ “While we understand that some lenders do have
an appeals process, it would not be appropriate for a trade body such
as the CML to seek to be prescriptive about such a process.” Some
lenders do of course set out an appeals policy. The Law Society does
have information on it’s site that may be of assistance. If you would
like to talk to one of our compliance experts about our Lender Panel
Protection Service please complete the form here.
Why are Estate Agents using search tools to check if lawyers are on a lenders conveyancing panel?
Many estate agents will be suffering if their clients start out on the conveyancing process using a conveyancer who is not on the panel with the purchaser’s chosen lender. Many
conveyancing firms are only discovering when they begin working on a
case that they are no longer able to work with that lender. Given
the inevitable resultant delays in the transaction the chances of an
abortive deal increases dramatically. in the circumstances there is
understandable anguish on the part of the estate agent as a result of
the lost time should the client have to change lawyers.
It is possible that Habito could request or audit my files as I am on the
Habito conveyancing panel. How should I respond in the event of such a demand?
We can't comment specifically on
Habito. 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 borrower 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 he is in arrears with the lender he 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.
Are figures published revealing the
Habito conveyancing panel size and the number of conveyancing firms removed from their panel each quarter?
With lenders and conveyancers working so closely with one another it is surprising that there has not been much call for the introduction of a bit of transparency regarding not just the figures for the
Habito conveyancing panel but for all bank panel listings
If my application is successful will CQS accreditation guarantee my firm’s acceptance on to lenders conveyancing panels?
The Law Society’s CQS accreditation is no guarantee to lender panel acceptance. Nevertheless the CML have indicated that it is likely to become a prerequisite for firms wishing to join their approved list of conveyancing solicitors. A number of mortgage companies now use CQS as the starting point for Panel acceptance as is the case with Santander.
I am on the
Habito
conveyancing panel and all set to complete a purchase shortly. My file does not contain a Legal Charge for the client to sign.
Who do I contact at Habito to get a duplicate Deed?
You should get in touch with Habito
to obtain standard documents. The CML Handbook incorporates an express inquiry for lenders to cite who to contact to obtain standard documents.
Habito in their Part 2’s state:
Don’t forget to quote your Habito conveyancing panel number.
Find a Lawyer on the Habito Conveyancing Panel
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Average number of days to register title including a charge in favour of Habito
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 Habito Firms
- Draft Report on Title precedent for Habito borrowers
- Draft Anti Money Laundering PolicyTemplate for Habito panel firms to consider
- Dealing with Lender Policy Template panel for CQS accredited firms on the Habito lender panel
- Buy-to-Let help for Habito
- Consent-to-Let help for Habito
- Contractor Mortgages with Habito
