A long standing client of my firm is buying a detached house for £800,000 in London with a mortgage over GBP 410k.
I am on the
Metro Bank conveyancing panel but do Metro Bank have a separate approved panel when a mortgage is above 350k?
Lexsure only know of a couple of lenders that operate a separate approved solicitors panel where the mortgage advance is over a certain threshold.
You should nevertheless check directly with
Metro Bank. At one stage HSBC would only allow Sole
practitioners to act for them where the mortgage was below
£150,000. We are not sure if HSBC still operate such a condition. In
your case it is best to check with Metro Bank
A recent SRA survey reveals that 76% of
solicitors have been removed from a lender conveyancing panel. Metro Bank and other lenders have restricted their panel over
the years. Why?
In operating open conveyancing panels, lenders such as Metro Bank
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.
Metro Bank 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.
What type of firms do building societies allow to be on their Conveyancing Panels?
In the same way that there is a unique Metro Bank
conveyancing panel most building societies, operate a conveyancing
panel for solicitors and other conveyancers that the lender will
instruct. Terms and Conditions and criteria for inclusion on a
building society conveyancing panel vary from lender-to-lender. Having
CQS accreditation may be a requirement. Institutional lenders, such
as a building society, is a client and is entitled to instruct the
solicitor or conveyancer of its choosing (who, in turn, is free to
accept or refuse instructions). Therefore, if lender and borrower
cannot agree which solicitor or conveyancer should represent them
jointly, they would usually proceed on a separate representation
basis. The BSA have not published the equivalent of the UK Finance Lenders’ Handbook
Part 3s.
Are there any specific Metro Bank conveyancing panel requirements relating to Transfer of Equity Conveyancing?
Metro Bank approved solicitors are bound by the Part II instructions relating to Transfer of Equity. These are set out in Section 16.3. First, your firm must approve the form of Transfer of Equity (which should be in the Land Registry's standard form) and, if
Metro Bank require, the deed of covenant on their behalf. You will need to check
Metro Bank CML Part 2 conditions to see if
Metro Bank have standard forms of transfer and deed of covenant. Please note that this requirement can change from one transaction to another so do check! Second,When drafting or approving a transfer, you should bear in mind that: although the transfer should state that it is subject to the mortgage (identified by date and parties), it need give no details of the terms of the mortgage; the transfer need not state the amount of the mortgage debt. If it does, the figure should include both principal and interest at the date of completion, which you must check ; there should be no statement that all interest has been paid to date. Further obligations are set out in the UK Finance Lenders’ Handbook which have to be followed by all firms on the
Metro Bank conveyancing panel
Should CQS accreditation secure my firm’s acceptance on to lenders conveyancing panels?
The Law Society’s CQS membership gives no guarantee to lender panel acceptance. Nevertheless the CML have indicated that it is likely to become a prerequisite for firms wishing to join their approved list of conveyancing solicitors. A number of mortgage companies now use CQS as the starting point for Panel membership as is the case with Astra Mortgages.
Our practice is on the
Metro Bank
conveyancing panel and all set to complete a remortgage within the next few weeks. My file does not contain a Legal Charge for the client to sign.
Who do I contact at Metro Bank to get a duplicate Deed?
You would be advised to communicate with Metro Bank
to obtain standard documents. The CML Handbook contains a specific inquiry for lenders to establish who to contact to obtain standard documents.
Metro Bank in their Part 2’s state:
It is likely that you will need to quote your Metro Bank conveyancing panel reference.