Bank of Ireland Mortgages Conveyancing Panel Information

In operating open conveyancing panels, lenders such as Bank of Ireland Mortgages 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.

Bank of Ireland Mortgages 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.

You might expect Bank of Ireland Mortgages via their Part 2 conditions to address this but the Handbook makes no mention on time frames. You need to look at the Terms of Bank of Ireland Mortgages’s Conveyancing Panel Appointment that you previously signed. For many lender's these Terms include a clause such as: ‘To keep us informed of the reasons for any delay in your being able to send the title deeds and documents we require to us within 3 months of completion or evidence of proof of registration within that period. (We will send reminders if the deeds have not been received but will not acknowledge receipt of deeds’ It is imperative to keep Bank of Ireland Mortgages updated. Law firms can often compound their problems by not communicating with the lender when there is a delay or problem.

You have a number of obligations in this regard which you need to follow if you wish to comply with your lender client’s instructions as set out in the UK Finance Lenders’ Handbook. (a) You must take reasonable steps to verify that there are no discrepancies between the description of the property as valued and the title and other documents which a reasonably competent conveyancer should obtain, and, if there are, you must tell Bank of Ireland Mortgages immediately. Second, You should take reasonable steps to verify that the assumptions stated by the valuer about the title (for example, its tenure, easements, boundaries and restrictions on its use) in the valuation and as stated in Bank of Ireland Mortgages’s mortgage offer are correct. If they are not, please let Bank of Ireland Mortgages know as soon as possible as it will be necessary for Bank of Ireland Mortgages to check with the valuer whether the valuation needs to be revised. Bank of Ireland Mortgages conveyancing panel solicitors are not expected to assume the role of valuer. Bank of Ireland Mortgages are simply trying to ensure that the valuer has valued the property based on correct information. (c) Bank of Ireland Mortgages recommend that you should advise the borrower that there may be defects in the property which are not revealed by the inspection carried out by their valuer and there may be omissions or inaccuracies in the report which do not matter to them as a lender but which would matter to the borrower. Bank of Ireland Mortgages recommend that, if we send a copy of a valuation report that Bank of Ireland Mortgages have obtained, you should also advise the borrower that the borrower should not rely on the report in deciding whether to proceed with the purchase and that he obtains his own more detailed report on the condition and value of the property, based on a fuller inspection such as a homebuyers report or comprehensive survey. If you do not receive a copy of the valuation you can always ask for a copy of one from Bank of Ireland Mortgages or the borrower. You still need to comply with the UK Finance Lenders’ Handbook Requirement relating to valuation reports even if you don't receive one directly. Failure to comply not only runs the risk of facing a claim by the lender but also being removed from the Bank of Ireland Mortgages conveyancing panel

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 Bank of Ireland Mortgages solicitor panel membership. Please remember that it is always important that you complete your insurance forms accurately.

You need to get in touch with Bank of Ireland Mortgages to obtain standard documents. The The Council of Mortgage Lenders Handbook has a specific question for lenders to cite who to contact to obtain standard documents. Bank of Ireland Mortgages in their Part 2’s state: It is likely that you will need to disclose your Bank of Ireland Mortgages conveyancing panel reference.