Certificate of title on a Halifax Loans mortgage
The document on which Halifax Loans releases funds, what giving it commits the firm to, and what has to be true before it is submitted.
- Topic
- Certificate of title
- Jurisdiction
- England & Wales
- Handbook
- UK Finance · Part 1 & 2
Part 2 of the UK Finance Mortgage Lenders' Handbook is amended by lenders without notice. Check the current version before relying on any requirement described here.
What certificate of title means here
The certificate a conveyancer gives to a lender confirming that the title is good and marketable and that the lender’s requirements have been met. It is the document on which the lender releases funds, and giving it triggers the conveyancer’s liability to the lender.
The general position on certificate of title is the same across the market. What differs is the lender's own requirement, and that sits in Part 2 of the UK Finance Mortgage Lenders' Handbook rather than in general guidance.
What has to be in place
What it certifies
The certificate confirms that the title is good and marketable and that the lender’s instructions have been complied with. It is a representation to the lender, and the firm is liable to the lender on it.
Timing
It is submitted so that funds can be drawn for completion, which means every requirement it certifies must already be satisfied. It is not a document to send while something is still outstanding.
Disclosure
Anything the lender would want to know that does not fit the certificate’s wording has to be reported and the lender’s response obtained. A missed disclosure is a breach of duty, not an administrative oversight.
Part 1 and Part 2 together
Part 1 of the Handbook is common to lenders; Part 2 is that lender’s own requirements and overrides. Certifying against Part 1 alone is certifying against the wrong instructions.
Where a lender’s instructions to your solicitor come from
A conveyancer acting on a mortgage is acting for two clients at once, and the lender’s half of the instructions is a published document: the UK Finance Mortgage Lenders’ Handbook. It is the reason your solicitor asks for things that seem to have nothing to do with you.
Part 1
The same for every lender
- The general instructions that apply across the industry: what has to be investigated, what has to be reported, and what the certificate of title commits the firm to.
- Changes rarely, and changes are published.
Part 2
Halifax Loans’s own answers
- Where the lender sets its own position: what it accepts on indemnity policies, on new-build warranties, on occupiers and on much else.
- Amended by the lender without notice, which is why nothing on this site reproduces it.
Check the current version before relying on any requirement described anywhere, including here.
This site says which Part 2 question holds a lender-specific answer rather than reprinting the answer. A stale copy of a requirement, on a page someone acts on, is worse than no copy.
What to confirm with Halifax Loans rather than assume
Part 2 of the Handbook carries each lender's own requirements and its overrides of Part 1, and it is amended without notice. These are the points where the answer is Halifax Loans's rather than general practice:
- The Part 2 requirements in force on the date the certificate is submitted
- Whether the lender requires any additional confirmations alongside the certificate
- The notice period the lender requires between certificate and drawdown
We do not reproduce Part 2 here. It is lender-specific, it changes without notice, and a stale copy of it on a page a conveyancer relies on is worse than no copy at all. LM04 tracks those changes.
Acting on this lender’s instructions
Panel membership decides whether a firm can act at all. LenderPanel maintains the directory borrowers search when choosing a conveyancer, including for Halifax Loans.