The Mortgage Business Conveyancing Panel Information

Section 16.2.1 of Part 1 of the Handbook applicable to a solicitor on the The Mortgage Business 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’.

The criteria to join the The Mortgage Business conveyancing panel is likely to be fairly detailed and is unlikely to include signing up to LENDERmonitor alerts.

In order to be on the The Mortgage Business 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 The Mortgage Business) are as follows:

• 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 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.)
• Without prejudice to your obligation to comply in full with the Safeguards provisions in the CML Lenders’ Handbook, to report to us as soon as possible any suspicion that you have about the genuineness of any transaction in any respect.
• To be responsible for the reconstitution of the title deeds (whether the title is registered or unregistered, at your own cost), where any deeds in your possession, or were last known to be in your possession, go missing.
• To notify us in writing of any change in your details as held on our records for example, change of address, telephone number, document exchange number email address. Notification must be given to us at least 10 days before the change will be effective.

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

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 The Mortgage Business solicitor panel membership. Please remember that it is always important that you complete your insurance forms accurately.

You should get in touch with The Mortgage Business to obtain standard documents. The The Council of Mortgage Lenders Handbook incorporates an express question for banks to enumerate who to contact to obtain standard documents. The Mortgage Business in their Part 2’s state: It is likely that you will need to quote your The Mortgage Business solicitors panel number.