Bank of Ireland Mortgages Conveyancing Panel Information

Bank of Ireland Mortgages 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’.

Please note that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Bank of Ireland Mortgages 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 client.

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

The Council of Mortgage Lender requirements of Bank of Ireland Mortgages are silent on this. Most mortgage companies address the question of file retention via their Terms of panel appointment where they generally provide that for evidential purposes, the firm must keep the file for at least of 6 years from the date of the mortgage. Data imagining is normally suitable compliance with this requirement. Many lenders point out in that it is the practice of some fraudsters to demand the conveyancing file on completion in order to destroy evidence that may later be used against them. It is therefore important to retain these documents to protect Bank of Ireland Mortgages’s interest. To be absolutely sure of Bank of Ireland Mortgages requirements in this regard please check the Terms and Conditions of Bank of Ireland Mortgages’s conveyancing panel acceptance.

One might ordinarily 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 entered into. For many lender's these Terms have a provision along the following lines: ‘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.

The best placed professionals to answer this question are your insurance brokers. 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 should communicate with Bank of Ireland Mortgages to obtain standard documents. The The Council of Mortgage Lenders Handbook contains an individual question for banks to set out who to contact to obtain standard documents. Bank of Ireland Mortgages in their Part 2’s state: Don’t forget to disclose your Bank of Ireland Mortgages conveyancing panel reference.