Habito Conveyancing Panel Information

Paragraph 16.2.1 of the UK Finance Lenders’ Handbook relevant to a solicitor on the Habito conveyancing panel reads ‘Our mortgage secures further advances. Consequently, when a further advance is required for alterations or improvements to the property we will not normally instruct a member of our conveyancing panel but if you are instructed the appropriate provisions of this Handbook will apply’.

Although not necessarily published, lenders have varying criteria . We do not hold specific requirements relating to the questions raised as part of the application to be on the Habito conveyancing panel. Typically lenders need to have full knowledge of a firm including (but not limited to):

List of all those who can sign off the Certificate Of Title

Full career history for each solicitor including admission date to the relevant Law Society

Structure of firm and, where applicable, its group

Number of lender conveyancing panels the firm is currently on

and Conveyancing Quality Scheme

Automated alerting to inform lenders when there is a fundamental change to the firm (e.g. change of ownership)

Charge registration history

The percentage of the firm’s business which is conveyancing (broken down into sale

List of all those who fund the firm, including non-lawyers if applicable

House price discrepancies (declared to lender vs. registered at Land Registry)

One might ordinarily expect Habito via their Part 2 requirements to address this but the Handbook makes no mention on time frames. You need to look at the Terms of Habito’s Conveyancing Panel Appointment that you previously signed. For a number of banks these Terms include a clause 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 Habito informed. Law firms can often compound their problems by not communicating with the lender when there is a delay or problem.

When a solicitor is acting for both Habito and borrower there is potential for conflicts to arise. You owe duties to both clients. All information received by you from your client is confidential and cannot be disclosed without the client’s consent. In the situation you find yourself in if the purchaser will not consent to the information being passed on to the lender the solicitor must cease to act for the Habito and it may well be prudent you to cease to act for the purchaser as well. You can not tell the Habito the reason for termination of the retainer over and above the fact that a conflict has arisen. The fact that you can no longer act should alert even the most somnambulistic of lenders that something is wrong with the borrower and/or purchase. The fact that you have disinstructed yourself should not affect your Habito conveyancing panel status.

CQS accreditation is no guarantee to lender panel acceptance. Nevertheless the CML have indicated that it is likely to become a prerequisite for firms wishing to remain on their panels. Some mortgage companies now use the Conveyancing Quality Scheme accreditation as the starting point for Panel membership as is the case with Santander.

You should get in touch with Habito to obtain standard documents. The CML Handbook incorporates an express section for lenders to set out who to contact to obtain standard documents. Habito in their Part 2’s state: Don’t forget to disclose your Habito conveyancing panel number.