LiveMore Conveyancing Panel Information

Section 16.2.1 of Part 1 of the Handbook applicable to a solicitor on the LiveMore conveyancing panel reads ‘Our mortgage secures further advances. Consequently, when a further advance is required for alterations or improvements to the property we will not normally instruct a member of our conveyancing panel but if you are instructed the appropriate provisions of this Handbook will apply’.

Criteria differ from lender to lender. We do not hold specific requirements relating to the questions raised as part of the application to be on the LiveMore conveyancing panel. Typically lenders need to have full knowledge of a firm including (but not limited to):

Solicitor

Summary of annual accounts

Whether any lender has ever made a claim against the firm’s PII cover

Automated alerting to inform lenders when there is a fundamental change to the firm (e.g. change of management)

List of all those who can sign off the Certificate Of Title

List of all solicitors within firm

Firm name, address and contact details including all branches (including evidence of existence through risk-based physical visits and Google Streetview checks)

Number of lender conveyancing panels the firm is currently on

Full career history for each solicitor including admission date to the relevant Law Society

List of all those who fund the firm, including non-lawyers if applicable

In order to be on the LiveMore 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 LiveMore) are as follows:

• 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
• 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.
• 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.
• To carry out our instructions with reasonable care and skill, ensuring that all employees carrying out mortgage work on our behalf are qualified and competent to do so

When a solicitor is acting for both LiveMore 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 LiveMore and it may well be prudent you to cease to act for the purchaser as well. You can not tell the LiveMore 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 LiveMore conveyancing panel status.

In this situation please clarify on the form what steps you have taken to find out the reasons behind cancellation of your LiveMore panel status. In particular please provide details if you have received communications from the lender. E.G. before revocation of your panel membership did you receive any letters or calls from the lender putting you on notice?

You should communicate with LiveMore to obtain standard documents. The CML Handbook contains an individual question for lenders to enumerate who to contact to obtain standard documents. LiveMore in their Part 2’s state: Always remember to quote your LiveMore conveyancing panel reference.