Hodge Equity Release Conveyancing Panel Information

The information on this page is designed to keep solicitors and licensed conveyancers abreast of latest requirements changes by Hodge Equity Release and to assist in remaining on the Hodge Equity Release Conveyancing Panel.

Hodge Equity Release Solicitor Panel: Recently Asked Questions

Hodge Equity Release has instructed me to conduct due diligence for them alone on a residential conveyancing transaction , using the CML Lender’s Handbook. The borrower has his own solicitor (not on the Hodge Equity Release conveyancing panel) How will this work and are there different instructions from Hodge Equity Release in this case?
The Council of Mortgage Lenders, together with Hodge Equity Release and other lenders created a standard set of requirements where a solicitor is representing a lender such as Hodge Equity Release alone in a residential conveyancing transaction. These obligations are contained at Part Three of the UK Finance Lenders’ Handbook and are to be followed in conjunction with Sections One and Two. The CML have published an example requirements letter to the borrower’s conveyancing solicitor for use by the lender's conveyancer, and sets out to the borrower's conveyancer, the documentary and information requirements of the lender's panel conveyancer.

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A recent SRA survey reveals that 76% of solicitors have been removed from a lender conveyancing panel. Hodge Equity Release and other lenders have restricted their panel over the years. Why?
In operating open conveyancing panels, lenders such as Hodge Equity Release 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.

Hodge Equity Release 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.

What type of firms do building societies allow to be on their Conveyancing Panels?
In the same way that there is a unique Hodge Equity Release 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.
The firm that I work for is on the Hodge Equity Release conveyancing panel. I am dealing with Hodge Equity Release mortgage on a purchase. My borrower client is asking not to disclose an issue to Hodge Equity Release. What do I do in this conflict situation?
When a solicitor is acting for both Hodge Equity Release 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 Hodge Equity Release and it may well be prudent you to cease to act for the purchaser as well. You can not tell the Hodge Equity Release 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 Hodge Equity Release conveyancing panel status.
We are a 3-partner firm on the Hodge Equity Release conveyancing panel. How can we advertise our practice as specialists in conveyancing in Hendon authorised to act forHodge Equity Release?
12 borrowers attempt to locate a property lawyer on the Hodge Equity Release panel each month in Hendon. The lenderpanel directory service team who will show you how your firm can be listed by those searching for conveyancing in Hendon.
my firm’s membership of the Hodge Equity Release conveyancing panel was terminated but was reinstated on appeal, do I need to disclose this information on my application for CQS accreditation?
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 firm’s application but gives the Law Society viability as to what has gone on.
Our practice is on the Hodge Equity Release conveyancing panel and all set to complete a remortgage within the next few weeks. My papers do not include a Mortgage Deed for the client to execute. Who do I contact at Hodge Equity Release to request substitute deeds?
You would be advised to contact Hodge Equity Release to obtain standard documents. The CML Handbook has an explicit inquiry for banks to set out who to contact to obtain standard documents. Hodge Equity Release in their Part 2’s state:
You will need to quote the firm’s Hodge Equity Release conveyancing panel number.

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Average number of days to register title including a charge in favour of Hodge Equity Release
This information relates to purchase only and not remortgages.
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* Data aggregated from sources including COMPLETIONmonitor