Halifax Loans Conveyancing Panel Information

The information on this page is designed to keep solicitors and licensed conveyancers abreast of latest requirements changes by Halifax Loans and to assist in remaining on the Halifax Loans Solicitor Panel.

Halifax Loans Solicitor Panel: Recently Asked Questions

It is possible that Halifax Loans could request or audit my files as I am on the Halifax Loans conveyancing panel. Are there any confidentiality issues that I need to consider first?
We can't comment specifically on Halifax Loans. 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 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.

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Do banks such as Halifax Loans run an independent 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 Halifax Loans as at todays date. If you're about to receive instructions from a client on a buy to let purchase with a mortgage from Halifax Loans we suggest that you call Halifax Loans to check the position.
I have read a number of legal articles recently about firms being sued for non-compliance with Part 2 requirements . I am on the Halifax Loans conveyancing panel can you tell me how Part 2 changes took place by Halifax Loans during 2013?
During 2013, 29 sections of the UK Finance Lenders’ Handbook P2 were changed by Halifax Loans. Some changes are more important than others but as a firm on the Halifax Loans conveyancing panel you are of course obliged to comply with individual lender requirements, as set out in Part II of the UK Finance Lenders’ Handbook. Locktons have recently pointed out in an article that non-compliance with Part 2 requirements account for a number of high value claims, and it is therefore important to be aware of any particularly onerous terms that an individual lender may impose.

Remember: CML requirements are not guidelines; they are the lender client’s instructions.

I have been a qualified solicitor for nearly 25 years never having had a negligence claim and have been refused acceptance on the Halifax Loans 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 Halifax Loans conveyancing panel to see if you are entitled to a reason.
I seldom receive a copy of a lender valuation any more. Does the extent of my Halifax Loans conveyancing panel obligations extend to checking the valuation details where I am acting on a purchase with Halifax Loans as the lender?
There are various requirements are to followed if you wish to comply with your lender client’s instructions as set out in the UK Finance Lenders’ Handbook. (I) 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 Halifax Loans 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 Halifax Loans’s mortgage offer are correct. If they are not, please let Halifax Loans know as soon as possible as it will be necessary for Halifax Loans to check with the valuer whether the valuation needs to be revised. Halifax Loans conveyancing panel solicitors are not expected to assume the role of valuer. Halifax Loans are simply trying to ensure that the valuer has valued the property based on correct information. Thirdly, Halifax Loans 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. Halifax Loans recommend that, if we send a copy of a valuation report that Halifax Loans 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 structural survey. If you do not receive a copy of the valuation you can always ask for a copy of one from Halifax Loans 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 Halifax Loans conveyancing panel
Marsh’s PII renewal form questions if my practice had been excluded from any mortgage panels in the last 12 months. I recently discovered that the firm is no longer on the Halifax Loans 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 Halifax Loans solicitor panel membership. Please remember that it is always important that you complete your insurance forms accurately.
My firm is listed on the Halifax Loans conveyancing panel and due to complete a purchase within the next few weeks. My papers do not include a Legal Charge for the client to execute. Who do I contact at Halifax Loans to get a duplicate Deed?
You should contact Halifax Loans to obtain standard documents. The The Council of Mortgage Lenders Handbook includes an explicit section for lenders to set out who to contact to obtain standard documents. Halifax Loans in their Part 2’s state:
Please remember to quote your Halifax Loans conveyancing panel number.

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Average number of days to register title including a charge in favour of Halifax Loans
This information relates to purchase only and not remortgages.
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* Data aggregated from sources including COMPLETIONmonitor