Landmark Conveyancing Panel Information

You might expect Landmark via their Part 2 requirements to address this but the Handbook is silent on deadlines to send deeds. You need to look at the Terms of Landmark’s Conveyancing Panel Appointment that you previously signed. For a number of banks these Terms contain a clause such as: ‘To keep us informed of the reasons for any delay in your being able to send the title deeds and documents we require to us within 3 months of completion or evidence of proof of registration within that period. (We will send reminders if the deeds have not been received but will not acknowledge receipt of deeds’ It is imperative to keep Landmark informed. Law firms can often compound their problems by not communicating with the lender when there is a delay or problem.

The majority of lenders do not operate a specific buy to let conveyancing panel but we are hearing about a few that do. We do not know what the position is with Landmark as at todays date. If you're about to receive instructions from a client on a buy to let purchase with a mortgage from Landmark we suggest that you call Landmark to check the position.

The answer to this question really depends on the reason that your firm has been removed off the Landmark conveyancing panel. The top 3 reasons are as follows:

1. lack of transactions
2. the lawyer is a sole practitioner
3. as part of the HSBC panel reduction.

In these three circumstances it is unlikely that you would expected to take any action. Disclosure and other compliance considerations are more likely to be relevant if the reason for removal is due to breaches of lender requirements or allegations of fraud or negligence. Whether the reasoning should trigger a disclosable 'material' breach will depend on the firm and the circumstances around possible failures to comply with the SRA Authorisation Rules, and the SRA will judge each case on its own merits. Factors such as the detriment or risk of detriment to clients, the scale of the issue and overall impact on the firm will need to be considered in deciding whether a failure is 'material'. As the compliance officer you will need systems to identify patterns of breaches. Even if you don't consider there to be regulatory implications the firms COFA should give some thought to whether she/he needs to take any action as result of being removed from the Landmark conveyancing panel.

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

In this situation please explain on the form what action you have taken to find out the reasons behind cancellation of your Landmark panel membership. 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 advising you as to their reasons?

You would be advised to get in touch with Landmark to obtain standard documents. The The Council of Mortgage Lenders Handbook has an express section for lenders to establish who to contact to obtain standard documents. Landmark in their Part 2’s state: Always remember to disclose the firm’s Landmark solicitors panel reference.