The Mortgage Lender Conveyancing Panel Information

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

The Mortgage Lender Conveyancing Panel: Recently Asked Questions

Do The Mortgage Lender or the CML run professional training seminars for the The Mortgage Lender approved solicitor panel in much the same way that the Law Society run cases for CQS firms?
No such training is arranged by the CML however they do host a number of useful conveyancing related conferences which are attended by firms on the The Mortgage Lender conveyancing panel. It is our intention to run specific lender focused seminars in the coming months including a webinar on The Mortgage Lender’s Part 2 requirements. Law firms on the The Mortgage Lender conveyancing panel will be invited. Information about the webinar will be made available as part of the LENDERmonitor Alerts.

Read More

Am I obliged, being on the The Mortgage Lender conveyancing panel, to carry out a Cancel Search?
The Mortgage Lender 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 The Mortgage Lender 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. Does your ROT and Ts and Cs cover this?

One search supplier 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 Searches UK.

Being on the The Mortgage Lender conveyancing panel how long am I obliged to archive the original conveyancing file?
The CML Part II requirements of The Mortgage Lender are silent on this. Most lenders deal with the issue of file retention via their Terms and Conditions where they generally provide that for evidential purposes, the firm must keep the file for at least of 6 years from the date of the mortgage. Data imagining is normally suitable compliance with this requirement. Many lenders point out in that it is the practice of some fraudsters to demand the conveyancing file on completion in order to destroy evidence that may later be used against them. It is therefore important to retain these documents to protect The Mortgage Lender’s interest. To be absolutely sure of The Mortgage Lender requirements in this regard please check the Terms and Conditions of The Mortgage Lender’s conveyancing panel acceptance.
The firm that I work for is on the The Mortgage Lender conveyancing panel. I am dealing with The Mortgage Lender mortgage on a purchase. My borrower client is asking not to disclose an issue to The Mortgage Lender. What do I do in this conflict situation?
When a solicitor is acting for both The Mortgage Lender 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 Lender and it may well be prudent you to cease to act for the purchaser as well. You can not tell the The Mortgage Lender 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 Lender conveyancing panel status.
My lawyers pass me the odd LENDERmonitor alert but I seldom see significant changes. For example, I am on the The Mortgage Lender conveyancing panel and receive a notification only advising of a change of address. Isn't that just noise?
Yes it does matter because sending a communication or deeds to the wrong address can cause delays that might not only affect your borrower client but also impact your chances of staying on the The Mortgage Lender solicitor panel. Is possible next month that The Mortgage Lender change their requirements as to where the post completion documents should be sent. Do you update the details in your case management system? Do you make a note? Is this information passed on to secretaries and assistants? In your Certificate of Title to The Mortgage Lender you are giving assurances that you will send the relevant documents within 10 days of receiving the TID. Leaving to one side whether you are in breach of an undertaking in sending it to the wrong address, you run the risk of The Mortgage Lender suspending you off the panel because they are not receiving the deeds in accordance with the COT. It will not be a valid excuse to say that you sent it to an out of date postal address or DX details.
Our membership of the The Mortgage Lender conveyancing panel was revoked but was reinstated on appeal, do I need to include these details on my application for CQS accreditation?
We would recommend that you provide details of the date of removal, information on the reason for removal, date of appeal and any reason given for reinstatement. This should not negatively affect your application but gives the Law Society a complete picture of what has happened.
My firm is listed on the The Mortgage Lender conveyancing panel and scheduled to complete a purchase within the next few weeks. I can not locate a Mortgage Deed for the client to sign. Who do I contact at The Mortgage Lender to get a duplicate Deed?
You should communicate with The Mortgage Lender to obtain standard documents. The The Council of Mortgage Lenders Handbook contains an express question for banks to cite who to contact to obtain standard documents. The Mortgage Lender in their Part 2’s state:
It helps to disclose your The Mortgage Lender conveyancing panel reference.

Find a Lawyer on the The Mortgage Lender Conveyancing Panel

powered by LenderPanel

Average number of days to register title including a charge in favour of The Mortgage Lender
This information relates to purchase only and not remortgages.
2024 [no data]
2023 [no data]
2022 [no data]
2021 [no data]
2020 [no data]
2019 [no data]
* Data aggregated from sources including COMPLETIONmonitor