The Mortgage Works Conveyancing Panel Information

UK Finance Designator: The Mortgage Works
Jurisdiction: England and Wales

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

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The Mortgage Works Solicitor Panel: Recently Asked Questions

Are The Mortgage Works Conveyancing panel solicitors obliged to disclose incentives?
The Mortgage Works’s answer to this question can be found at section 6.4.4 of their CML Part 2 requirements

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I am on the The Mortgage Works conveyancing panel. Can I get an archived copy of a The Mortgage Works Part 2 from the CML?
The CML do not maintain data sets of P2 conditions pre-December 2010. We would recommend you contact The Mortgage Works directly.
A recent SRA survey reveals that 76% of solicitors have been removed from a lender conveyancing panel. The Mortgage Works and other lenders have restricted their panel over the years. Why?
In operating open conveyancing panels, lenders such as The Mortgage Works face a number of fraud and negligence risks. While there is no authoritative source of data on lender exposure to solicitor–led mortgage fraud, anecdotal evidence from lenders indicates exposure on individual cases are often in the millions of pounds. The National Fraud Authority estimates that £1bn per year is lost in mortgage -related frauds in total, which is seen as a conservative estimate.

These risks are exacerbated by the lack of a comprehensive set of data on all conveyancing firms (which, for the avoidance of doubt, would include solicitors and conveyancers across the UK) which is in a readily accessible format. Currently, lenders vet the suitability of their panel firms against a variety of disparate, incomplete and potentially inaccurate sets of information. One top 5 lender pointed out to us that it is almost impossible to track individual fraudsters who move from firm to firm, especially where they are no longer registered or no longer hold a valid practicing certificate.

The Mortgage Works and other lenders are in varying stages of reviewing their approach to vetting firms on their conveyancing panels, to ensure their ongoing exposure to unsuitable firms is reduced. There is also regulatory impetus on lenders to ensure that they have satisfactory oversight of their third party panels, including a due-diligence process.

It is possible that The Mortgage Works could request or audit my files as I am on the The Mortgage Works conveyancing panel. What do I do if I receive such a request?
We can't comment specifically on The Mortgage Works. 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 borrower 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 arrears with the lender she 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.

We are a 3-partner firm on the The Mortgage Works conveyancing panel. How can we advertise our practice as conducting conveyancing in Hendon authorised to act forThe Mortgage Works?
13 people search for a property lawyer on the The Mortgage Works panel on a monthly basis in Hendon. The lenderpanel directory service team who will show you how your firm can be identified by those searching for conveyancing in Hendon.
Does Conveyancing Quality Scheme acceptance secure my firm’s acceptance on to lenders conveyancing panels?
The Law Society’s CQS accreditation is no guarantee to lender panel acceptance. Nevertheless the CML have indicated that it is likely to become a prerequisite for firms wishing to join their approved list of firms. A number of mortgage companies now use the Conveyancing Quality Scheme accreditation as the starting point for Panel approval such as Santander.
I am on the The Mortgage Works conveyancing panel and due to complete a remortgage shortly. My papers do not include a Mortgage Deed for the client to sign. Who do I contact at The Mortgage Works to obtain duplicate documents?
You should get in touch with The Mortgage Works to obtain standard documents. The CML Handbook includes an express section for banks to cite who to contact to obtain standard documents. Always remember to quote your The Mortgage Works solicitors panel reference.
Average number of days to register title including a charge in favour of The Mortgage Works
This information relates to purchase only and not remortgages.
2013 21.8
2012 31.8
2011 37.5
* Data aggregated from sources including COMPLETIONmonitor

Recent Changes Include

# Date Assoc. Changes Related To
6.7.1 28/03/2018 CML
6.12.1 05/03/2018 CML
5.4.5 05/03/2018 CML Local Search Indemnity Insurance
6.6.3 24/10/2017 CML
6.6.3 09/03/2017 CML
5.4.4 18/10/2016 CML
5.4.4 08/07/2016 CML
5.14.1 24/03/2016 CML
6.7.1 10/03/2016 CML
6.8.1 23/02/2016 CML Adoption of Road or Sewer Indemnity Insurance

Last update 10/11/2018

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