Rooftop Mortgages Conveyancing Panel Information

The CML do not keep historic copies of P2 requirements pre-December 2010. The CML advise that you contact Rooftop Mortgages directly.

The Council of Mortgage Lenders, together with Rooftop Mortgages and other members created a standard set of instructions where a conveyancer is acting for a lender such as Rooftop Mortgages alone in a residential conveyancing matter. These legal instructions are contained at Part Three of the UK Finance Lenders’ Handbook and are to be followed in conjunction with Part I and II. The CML have published an example requirements letter to the borrower’s lawyer for adaptation by the lender's conveyancer, and sets out to the borrower's conveyancer, the documentary and information requirements of the lender's panel solicitor.

Rooftop Mortgages make no specific obligation to carry out any of the searches listed. The UK Finance Lenders’ Handbook simply states that ‘you must ensure that any other searches which may be appropriate to the particular property, taking into account its locality and other features are carried out’.

Please note that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Rooftop Mortgages are concerned if they are ‘appropriate’. Most lenders will not require environmental searches (you should Check Part 2 of UK Finance Lenders’ Handbook to be sure), but you are obliged to explain risks and availability to the client.

Ground stability, Plansearch,flood searches as well as the searches listed in the question are optional – but only to the extent that you have allowed the borrower client to make an informed choice. Regardless of whether there is a mortgage, If you have not advised the client that these (and other) searches are available and what risks they cover, then you will be liable if the client suffers loss through not conducting one. Is this covered within your Terms of Engagement or Report on Title?

One search provider lists over 65 property searches – do you know what all of them are and when they may be relevant? If you are unsure as to which searches are appropriate based on location contact your search provider or call one of the leading search companies such as Searchflow.

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 Rooftop Mortgages as at todays date. If you're about to receive instructions from a client on a buy to let purchase with a mortgage from Rooftop Mortgages we suggest that you call Rooftop Mortgages to check the position.

In this situation please explain on the application what steps you have taken to find out the reasons behind cancellation of your Rooftop 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 putting you on notice?

You would be advised to get in touch with Rooftop Mortgages to obtain standard documents. The CML Handbook incorporates an express inquiry for lenders to establish who to contact to obtain standard documents. Rooftop Mortgages in their Part 2’s state: Please remember to quote your Rooftop Mortgages conveyancing panel number.