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Landbay Partners Conveyancing Panel: Recently Asked Questions
Is it true that the Law Society has advised that firms check their status on the
Landbay Partners conveyancing panel?
The Scottish Law Society has advised that solicitors should check their lender panel status before accepting client instructions to act. The advice is lender-agnostic as it does not relate specifically to solicitors on the
Landbay Partners conveyancing panel. The recommendation arises from the practice of a number of mortgage lenders who remove solicitors from their panels without prior notice as part of their panel management system, which can lead to some solicitors discovering this only once instructed. This is sensible advice as a client finding out midway through a transaction that their lawyer is not on the approved lender panel is very frustrating and can lead to complaints. Many online consumer forums contain posts where someone is complaining about finding that their lawyer is not on a lender conveyancing panel. Such forums include moneysavingexpert.com
Theoretically Landbay Partners could request or audit my files as I am on the
Landbay Partners conveyancing panel. How should I respond in the event of such a demand?
We can't comment specifically on
Landbay Partners. 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 buyer client 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 dispute 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.
What type of firms do building societies include on their Conveyancing Panels?
In the same way that there is a unique Landbay Partners
conveyancing panel most building societies, operate a conveyancing
panel for solicitors and other conveyancers that the lender will
instruct. Terms and Conditions and criteria for inclusion on a
building society conveyancing panel vary from lender-to-lender. Having
CQS accreditation may be a requirement. Institutional lenders, such
as a building society, is a client and is entitled to instruct the
solicitor or conveyancer of its choosing (who, in turn, is free to
accept or refuse instructions). Therefore, if lender and borrower
cannot agree which solicitor or conveyancer should represent them
jointly, they would usually proceed on a separate representation
basis. The BSA have not published the equivalent of the UK Finance Lenders’ Handbook
Part 3s.
I have been a solicitor for nearly 20 years enjoy an unblemished record and have been refused acceptance on the
Landbay Partners conveyancing panel with no explanation. Am I not entitled to to know why?
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
Landbay Partners conveyancing panel to see if you are entitled to a reason.
When in comes to leasehold title investigations do
Landbay Partners panel solicitors need to consider if there is an absentee freeholder?
Assuming that your practice in is on the
Landbay Partners conveyancing panel and you are representing them in relation to a leasehold property, you must report to them if it becomes apparent that the landlord is either absent or insolvent. If
Landbay Partners are to lend, they may require indemnity insurance. In any event,you will need to check
Landbay Partners’s specific requirements. Notwithstanding whether
Landbay Partners will lend in such circumstances you still need to advise the borrower (unless you are acting for
Landbay Partners alone) as to the risks of buying a property with an insolvent or absentee landlord.
St Giles’ PI Insurance renewal form asks if my practice had been excluded from any bank panels in the last year.
I recently discovered that the practice is no longer on the
Landbay Partners conveyancing panel? Will that effect my PII cover?
Your insurance brokers are your best port of call to address this question.
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 Landbay Partners solicitor panel
membership. Please remember that it is always important that you
complete your insurance forms accurately.
My firm is listed on the
Landbay Partners
conveyancing panel and due to complete a remortgage within the next week. I dont have a Legal Charge for the client to execute.
Who do I contact at Landbay Partners to obtain duplicate documents?
You should communicate with Landbay Partners
to obtain standard documents. The The Council of Mortgage Lenders Handbook contains an express question for lenders to set out who to contact to obtain standard documents.
Landbay Partners in their Part 2’s state:
You will need to quote your Landbay Partners conveyancing panel number.
Find a Lawyer on the Landbay Partners Conveyancing Panel
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Average number of days to register title including a charge in favour of Landbay Partners
This information relates to purchase only and not remortgages.
| Year | Days* |
|---|---|
| 2025 | [no data] |
| 2024 | [no data] |
| 2023 | [no data] |
| 2022 | [no data] |
| 2021 | [no data] |
| 2020 | [no data] |
* Data aggregated from sources including COMPLETIONmonitor
Other related topics:
- CQS policy templates and procedures for accredited Landbay Partners Firms
- Draft Report on Title precedent for Landbay Partners borrowers
- Draft Anti Money Laundering PolicyTemplate for Landbay Partners panel firms to consider
- Dealing with Lender Policy Template panel for CQS accredited firms on the Landbay Partners lender panel
- Buy-to-Let help for Landbay Partners
- Consent-to-Let help for Landbay Partners
- Contractor Mortgages with Landbay Partners
