Kensington Mortgage Conveyancing Panel Information

UK Finance Designator: Kensington Mortgage Company Ltd
Jurisdiction: England and Wales

The information on this page is designed to keep solicitors and licensed conveyancers abreast of latest requirements changes by Kensington Mortgage and to assist in remaining on the Kensington Mortgage Solicitor Panel.

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Kensington Mortgage Solicitor Panel: Recently Asked Questions

Are the CML planning on creating a online directory search tool with a view to to identify practices on the Kensington Mortgage conveyancing panel?
Lexsure has not been advised of any intention on the part of the CML to develop such a tool.

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My client is looking to purchase a property for £800,000 in Leeds requiring a mortgage advance over GBP 410k. I am on the Kensington Mortgage conveyancing panel but do Kensington Mortgage have a separate approved panel when the advance is above 400,000?
We only know of a couple of banks that operate a separate conveyancing panel where the mortgage advance is over a certain threshold. You should nevertheless check directly with Kensington Mortgage. At one stage HSBC would only allow Sole practitioners to act for them where the mortgage was below £150,000. We are not sure if HSBC still operate such a condition. In your case it is best to check with Kensington Mortgage
Theoretically Kensington Mortgage could request or audit my files as I am on the Kensington Mortgage conveyancing panel. What do I do if I receive such a request?
We can't comment specifically on Kensington Mortgage. 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 she 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.

Can you give me an example of some of the reports available via COMPLETIONmonitor to support my application to be on the Kensington Mortgage conveyancing panel ?
There are many reports available, five of which are as follows:
  • Average time frame to send deeds to the lender (calculated from completion date or title registration)
  • Average mortgage advance
  • Buy to Let transactions
  • Current and historic missed priority dates
  • Disclosure/Notification to Lender analysis indicating frequency and nature of disclosures - to include benchmarking analysis against aggregate data
I have been a solicitor for over 30 years with a clean claims history and have been refused acceptance on the Kensington Mortgage conveyancing panel with no explanation. Am I not entitled to to know why?
For most lenders participation on the lender's panel of conveyancers is at the absolute discretion of the the lender. Many lenders reserve the right to accept or reject any application without giving any reason. You should check your original application to join the Kensington Mortgage conveyancing panel to see if you are entitled to a reason.
Lockton’s PI Insurance renewal form asks if my firm had been excluded from any lender panels in the last year. I recently found out that the practice is no longer on the Kensington Mortgage conveyancing panel? Will that impact my insurance?
The best placed professionals to answer this question are your insurance brokers. The chances are that on the basis that you have not been removed for fraud or negligence reasons that there will be little or no impact. The main reason why a firm would be removed off of a lender panel is due to low volume of conveyancing cases although there may be a number of criteria for Kensington Mortgage solicitor panel membership. Please remember that it is always important that you complete your insurance forms accurately.
Our practice is on the Kensington Mortgage conveyancing panel and scheduled to complete a purchase within the next few weeks. I can not locate a Legal Charge for the client to sign. Who do I contact at Kensington Mortgage to request substitute deeds?
You would be advised to communicate with Kensington Mortgage to obtain standard documents. The CML Handbook includes an express section for banks to enumerate who to contact to obtain standard documents. Don’t forget to disclose your Kensington Mortgage conveyancing panel reference.

Recent Changes Include

# Date Assoc. Changes Related To
12.3.1 26/07/2019 CML
5.14.10 26/07/2019 CML
6.2.1 26/07/2019 CML
7.4 26/07/2019 CML
6.6.4 01/04/2019 CML
1.15 06/11/2017 CML
16.5.3c 31/03/2016 CML
17.1.1 31/03/2016 CML
5.13.1 31/03/2016 CML Insolvency Act Indemnity Insurance Deed of Gift Indemnity Insurance
5.14.9 31/03/2016 CML

Last update 16/09/2019

Please note that Lexsure Ltd is in no way associated with nor affiliated with Lexsure Solicitors

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