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

What obligations do I have, being on the The Mortgage Works conveyancing panel, to carry out a LMO4 search?
The Mortgage Works 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’.

Remember that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as The Mortgage Works 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 borrower.

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 72 conveyancing 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 call your search provider or call one of the leading search companies such as Searches UK.

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My client is purchasing a detached house for £825k in Liverpool with a mortgage over GBP 450,000. I am on the The Mortgage Works conveyancing panel but do The Mortgage Works have a separate approved panel when a mortgage is above 400,000?
Lexsure only know of two or three lenders that operate a separate approved solicitors panel where the mortgage advance is over a certain level. You should nevertheless check directly with The Mortgage Works. At one stage HSBC would only allow Sole practitioners to act for them where the mortgage was below £150,000. We are not sure if HSBC still operate such a condition. In your case it is best to check with The Mortgage Works
Given that I am the COLP for my firm what do I need to consider in terms of disclosures to the SRA if my firm is removed off the The Mortgage Works solicitor panel?
The answer to this question really depends on the reason that your firm has been removed off the The Mortgage Works 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 COLP 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 The Mortgage Works conveyancing panel.
The firm that I work for is on the The Mortgage Works conveyancing panel. I am dealing with The Mortgage Works mortgage on a purchase. My borrower client is asking not to disclose an issue to The Mortgage Works. What do I do in this conflict situation?
When a solicitor is acting for both The Mortgage Works 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 Works and it may well be prudent you to cease to act for the purchaser as well. You can not tell the The Mortgage Works 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 Works conveyancing panel status.
I have been a solicitor for over 30 years enjoy an unblemished record and have been refused acceptance on the The Mortgage Works conveyancing panel with no explanation. Am I not entitled to a reason?
For most lenders participation on the lender's panel of conveyancers is at the absolute discretion of the the lender. Many lenders reserve the right to accept or reject any application without giving any reason. You should check your original application to join the The Mortgage Works conveyancing panel to see if you are entitled to a reason.
If my application is successful will CQS accreditation guarantee my firm’s acceptance on to lenders conveyancing panels?
The Law Society’s CQS accreditation gives no guarantee to lender panel acceptance. Nevertheless the Council of Mortgage Lenders have indicated that it is likely to become a prerequisite for firms wishing to join their approved list of conveyancing solicitors. Some mortgage companies now use the scheme as the starting point for Panel approval such as Astra Mortgages.
Our practice is on the The Mortgage Works conveyancing panel and all set to complete a purchase within the next few weeks. I can not locate a Legal Charge for the client to sign. Who do I contact at The Mortgage Works to obtain duplicate documents?
You need to get in touch with The Mortgage Works to obtain standard documents. The The Council of Mortgage Lenders Handbook contains an express inquiry for lenders to cite who to contact to obtain standard documents. It is likely that you will need to quote the firm’s The Mortgage Works conveyancing panel number.
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.
YearDays*
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 01/07/2019 CML
6.6.3 18/06/2019 CML
5.14.1 06/06/2019 CML
5.15.2a 04/06/2019 CML
5.15.2a 02/05/2019 CML
1.14 04/04/2019 CML
6.7.1 28/03/2018 CML
6.7.1 16/03/2018 CML
6.12.1 05/03/2018 CML
5.4.5 05/03/2018 CML Local Search Indemnity Insurance

Last update 21/09/2019

Please note that Lexsure Ltd is in no way associated with nor affiliated with Lexsure Solicitors

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