MPowered Mortgages Conveyancing Panel Information

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

MPowered Mortgages Solicitor Panel: Recently Asked Questions

Do MPowered Mortgages or the Council of Mortgage Lenders run professional training seminars for the MPowered Mortgages approved conveyancing panel in the same way that CQS run CPD Courses for accredited firms?
No such training is arranged by the CML but they do organise a number of general legal related conferences which are attended by firms on the MPowered Mortgages conveyancing panel. It is our intention to run specific lender focused seminars in the near future including a webinar on MPowered Mortgages’s Part 2 requirements. Solicitors on the MPowered Mortgages conveyancing panel will be invited. Further details will be communicated as part of the LENDERmonitor P2 change Notifications.

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Is there a standard appeals process to prevent solicitors from being unfairly removed them from lender conveyancing panels?
There are thousands of firms across the UK who feel aggrieved claiming that 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.
It is possible that MPowered Mortgages could request or audit my files as I am on the MPowered Mortgages conveyancing panel. How should I respond in the event of such a demand?
We can't comment specifically on MPowered Mortgages. 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 dispute 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.

What type of firms do building societies allow to be on their Conveyancing Panels?
In the same way that there is a unique MPowered Mortgages 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.
In carrying out leasehold conveyancing do MPowered Mortgages panel solicitors need to examine whether there is a missing freeholder?
On the basis that your firm in is on the MPowered Mortgages conveyancing panel and you are representing 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 MPowered Mortgages are to lend, they may require indemnity insurance. In any event,you will need to check MPowered Mortgages’s specific requirements. Notwithstanding whether MPowered Mortgages will lend in such circumstances you still need to advise the borrower (unless you are acting for MPowered Mortgages alone) as to the risks of buying a property with an insolvent or absentee freeholder.
Our firm had their MPowered Mortgages panel membership suspended but we have not yet been given an explanation yet. I am completing a CQS renewal questionnaire what details do I need to report?
In this situation please explain on the application what action you have taken to discover the reasons behind cancellation of your MPowered Mortgages panel status. In particular please provide details if you have received communications from the lender. E.G. before cessation of your panel membership did you receive any letters or calls from the lender advising you as to their reasons?
I am on the MPowered Mortgages conveyancing panel and due to complete a purchase shortly. I can not locate a Mortgage Deed for the client to execute. Who do I contact at MPowered Mortgages to request substitute deeds?
You need to contact MPowered Mortgages to obtain standard documents. The The Council of Mortgage Lenders Handbook contains a specific section for lenders to establish who to contact to obtain standard documents. MPowered Mortgages in their Part 2’s state:
Always remember to quote the firm’s MPowered Mortgages solicitors panel reference.

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