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Bluestone Mortgages Conveyancing Panel: Recently Asked Questions
Bluestone Mortgages has instructed me to conduct due diligence for them alone on a residential conveyancing transaction , using the CML Lender’s Handbook. The borrower has his own solicitor (not on the
Bluestone Mortgages conveyancing panel) How does this operate and are there different requirements from Bluestone Mortgages in this case?
The CML, together with
Bluestone Mortgages and other members developed a standard set of instructions where a solicitor is acting for a lender such as Bluestone Mortgages alone in a residential conveyancing transaction.
These requirements are contained at Part Three of the UK Finance Lenders’ Handbook and are to be followed together with Part I and II.
The CML have published an example requirements letter to the borrower’s conveyancing solicitor for use by the lender's conveyancer, and sets out to the borrower's conveyancer, the documentary and information requirements of the lender's panel conveyancer.
Given my firm’s membership on the Bluestone Mortgages conveyancing panel how long am I obliged to archive the original conveyancing file?
The Council of Mortgage Lender requirements of
Bluestone Mortgages are silent on this. Most mortgage companies address the issue of file retention via their Terms of panel appointment where they generally provide that for evidential purposes, the firm must keep the file for a minimum six 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 Bluestone Mortgages’s interest. To be
absolutely sure of Bluestone Mortgages requirements in this regard
please check the Terms and Conditions of Bluestone Mortgages’s
conveyancing panel appointment.
It is possible that Bluestone Mortgages could request or audit my files as I am on the
Bluestone Mortgages conveyancing panel. How should I respond in the event of such a demand?
We can't comment specifically on
Bluestone Mortgages. 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 she is in arrears 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.
Do lenders such as
Bluestone Mortgages operate a separate conveyancing panel for buy to let mortgages?
The majority of lenders do not operate a specific buy to let conveyancing panel but we are hearing about a few that do. We do not know what the position is with
Bluestone Mortgages as at todays date. If you're about to receive instructions from a client on a buy to let purchase with a mortgage from
Bluestone Mortgages we suggest that you call
Bluestone Mortgages to check the position.
We are a 3-partner firm on the Bluestone Mortgages conveyancing panel. Do you have ideas as to how we can market our practice as specialists in conveyancing in Hendon on the Bluestone Mortgages panel?
15 people attempt to locate a conveyancer on the Bluestone Mortgages panel on a monthly basis in Hendon. Feel free to contact the Lexsure team who will tell how your firm can be listed by those searching for conveyancing in Hendon.
JLT’s PI Insurance renewal form enquires if my firm had been removed off any mortgage panels in the last 12 months.
I recently became aware that the firm is no longer on the
Bluestone Mortgages conveyancing panel? Is this likely to impact my insurance?
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 Bluestone Mortgages solicitor panel
membership. Please remember that it is always important that you
complete your insurance forms accurately.
Our practice is on the
Bluestone Mortgages
conveyancing panel and all set to complete a remortgage within the next week. My papers do not include a Mortgage Deed for the client to execute.
Who do I contact at Bluestone Mortgages to get a duplicate Deed?
You would be advised to contact Bluestone Mortgages
to obtain standard documents. The CML Handbook includes an explicit section for banks to enumerate who to contact to obtain standard documents.
Bluestone Mortgages in their Part 2’s state:
You will need to quote your Bluestone Mortgages conveyancing panel number.
Find a Lawyer on the Bluestone Mortgages Conveyancing Panel
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Average number of days to register title including a charge in favour of Bluestone Mortgages
This information relates to purchase only and not remortgages.
Year | Days* |
---|---|
2024 | [no data] |
2023 | [no data] |
2022 | [no data] |
2021 | [no data] |
2020 | [no data] |
2019 | [no data] |
* Data aggregated from sources including COMPLETIONmonitor
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