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Halifax Conveyancing Panel: Recently Asked Questions
Do Halifax or the CML run professional training Courses for the
Halifax approved conveyancing panel in much the same way that the Law Society run cases for CQS firms?
The Council of Mortgage Lenders (or the BSA) do not involve themselves in training although they do host a number of useful conveyancing related conferences which are attended by firms on the Halifax conveyancing panel. We do intend to run specific lender focused seminars in the coming months including a webinar on Halifax’s Part 2 requirements. Law firms on the Halifax conveyancing panel will be invited. Further details will be communicated as part of the LENDERmonitor Alerts.
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.
Are the Council of Licensed Conveyancers taking any action to ensure that licensed conveyancers remain on lender conveyancing panels?
The CLC has begun dialogue with lenders and their representative bodies to see whether and how the risks that lenders wish to mitigate could be addressed through the regulatory framework rather than via ad hoc arrangements that can differ from lender to lender. It is likely that that the CLC have been in touch with lenders such as
Halifax in recent years.
It is possible that Halifax could request or audit my files as I am on the
Halifax conveyancing panel. How should I respond in the event of such a demand?
We can't comment specifically on
Halifax. 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 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 there conditions,outside the CML Part 2 requirements, that a firm should be aware of when on the Halifax conveyancing panel?
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:
- 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.
- 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 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.
- 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
- 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.
Our firm had their Halifax panel membership suspended but we have not yet been given an explanation yet.
I am completing a CQS application form what details should I put forward?
In this situation please explain on the application what action you have taken to discover 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?
My firm is listed on the
Halifax
conveyancing panel and scheduled to complete a purchase within the next week. My file does not contain a Mortgage Deed for the client to sign.
Who do I contact at Halifax to request substitute deeds?
You should communicate with Halifax
to obtain standard documents. The CML Handbook includes an explicit inquiry for lenders to enumerate who to contact to obtain standard documents.
Halifax in their Part 2’s state:
It helps to quote your Halifax conveyancing panel reference.
Find a Lawyer on the Halifax Conveyancing Panel
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Average number of days to register title including a charge in favour of Halifax
This information relates to purchase only and not remortgages.
| Year | Days* |
|---|---|
| 2025 | 45.9 |
| 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 Halifax Firms
- Draft Report on Title precedent for Halifax borrowers
- Draft Anti Money Laundering PolicyTemplate for Halifax panel firms to consider
- Dealing with Lender Policy Template panel for CQS accredited firms on the Halifax lender panel
- Buy-to-Let help for Halifax
- Consent-to-Let help for Halifax
- Contractor Mortgages with Halifax
