Mortgage Agency Services Conveyancing Panel Information

The information on this page is designed to keep solicitors and licensed conveyancers abreast of latest requirements changes by Mortgage Agency Services and to assist in remaining on the Mortgage Agency Services Conveyancing Panel.

Mortgage Agency Services Solicitor Panel: Recently Asked Questions

What obligations do I have, being on the Mortgage Agency Services conveyancing panel, to carry out a LMO4 search?
Mortgage Agency Services 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 Mortgage Agency Services 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?

A leading search supplier lists over 65 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 STL.

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Why are Estate Agents using search tools to check if lawyers are on a lenders conveyancing panel?
The fact of the matter is that estate agents will be feeling the pain if their clients start out on the buying process having appointed a conveyancer who is not on the panel with the purchaser’s chosen lender. Many conveyancing firms are only discovering when they begin working on a case that they are no longer able to work with that lender. Given the inevitable resultant delays in the transaction the chances of an abortive deal increases dramatically. in the circumstances there is understandable anguish on the part of the estate agent as a result of the lost time should the client have to change solicitors .
Are the Council of Licensed Conveyancers taking any action to ensure that licensed conveyancers remain on lender conveyancing panels?
The CLC has initiated discussions with banks and their representative bodies to see whether and how the risks that lenders wish to mitigate could be addressed through the regulatory framework rather than via ad hoc arrangements that can differ from lender to lender. It is likely that that the CLC have been in touch with lenders such as Mortgage Agency Services in recent years.
Can you give me an example of some of the reports available via COMPLETIONmonitor to support my appeal to be reinstated on the Mortgage Agency Services solicitor panel?
There are many reports available, five of which are as follows:
  • Evidence of undertaking logs
  • Buy to Let transactions
  • Average time frame to send deeds to the lender (calculated from completion date or title registration)
  • Analysis as to the nature of clients (e.g.existing/new/seen in person)
  • Average mortgage advance
What type of firms do building societies include on their Conveyancing Panels?
In the same way that there is a unique Mortgage Agency Services 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.
Marsh’s PI Insurance renewal form enquires if my firm had been excluded from any mortgage panels in the last year. I recently became aware that the practice is no longer on the Mortgage Agency Services conveyancing panel? Is this likely to impact 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 Mortgage Agency Services solicitor panel membership. Please remember that it is always important that you complete your insurance forms accurately.
I am on the Mortgage Agency Services conveyancing panel and scheduled to complete a purchase within the next week. My papers do not include a Legal Charge for the client to sign. Who do I contact at Mortgage Agency Services to get a duplicate Deed?
You should get in touch with Mortgage Agency Services to obtain standard documents. The CML Handbook incorporates a specific section for lenders to enumerate who to contact to obtain standard documents. Mortgage Agency Services in their Part 2’s state:
Don’t forget to disclose the firm’s Mortgage Agency Services solicitors panel reference.

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