Halifax Conveyancing Panel Information

The CML, together with Halifax and other stakeholders developed a standard set of instructions where a solicitor is acting for a lender such as Halifax alone in a residential conveyancing matter. These obligations are contained at Part III of the UK Finance Lenders’ Handbook and are to be read in conjunction with Parts 1 & 2. The CML have published an example requirements letter to the borrower’s conveyancer for adaptation by the lender's conveyancer, and sets out to the borrower's conveyancer, the documentary and information requirements of the lender's panel solicitor.

The criteria to join the Halifax conveyancing panel is likely to be fairly detailed and is unlikely to include signing up to LENDERmonitor alerts.

In order to be on the Halifax conveyancing panel solicitors have to complete an application form and agree Terms and Conditions. A sample of 5 conditions that we see amongst many lenders Terms (but not necessarily Halifax) are as follows:

• If you are a sole practitioner, to arrange for appropriate locum cover from our panel where necessary. Your locum must be a member of the Conveyancing panel.
• You have the consent of all borrowers to apply for the deeds, before making any request for deeds. We will accept your request for deeds on the understanding that you have obtained such consent. If this is not the case then you should advise our Deeds Services Department in writing when you make your request
• To quote on all communications with us relating to deeds/registration issues, whether by telephone or in writing, the panel number that we provide for each practising address and the mortgage account or application number for the mortgage concerned.
• That any deeds you borrow from us in connection with the personal mortgage of a partner or director at your firm must be requested by a partner or director other than the partner or director concerned and the transaction must be handled by that other partner or director. If you are a sole practitioner and require the loan of deeds in connection with your own mortgage, you must nominate a different firm on our panel to request the deeds and handle the transaction.
• To forward the title deeds and documents to another solicitor/conveyancer within 24 hours of an instruction from us requiring you to do so. On forwarding the deeds as instructed you will confirm to us that you have done so. Upon receipt of your confirmation, we will release you from all undertakings relating to your holding the title deeds.

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

In this situation please explain on the form what action you have taken to find out the reasons behind cancellation of your Halifax panel status. In particular please provide details if you have received communications from the lender. E.G. before termination of your panel membership did you receive any letters or calls from the lender informing you as to why they reached this decision?

You need to get in touch with Halifax to obtain standard documents. The CML Handbook incorporates a specific question for lenders to reveal who to contact to obtain standard documents. Halifax in their Part 2’s state: Please remember to disclose the firm’s Halifax solicitors panel number.