MPowered Mortgages Conveyancing Panel Information

The Council of Mortgage Lenders is an association rather than a regulator and therefore cannot investigate grievances against lenders. You can of course contact Lexsure to see if we can help.

In order to be on the MPowered Mortgages conveyancing panel solicitors have to complete an application form and agree Terms and Conditions. A sample of 5 conditions that we see amongst many lenders Terms (but not necessarily MPowered Mortgages) are as follows:

• To quote on all communications with us relating to deeds/registration issues, whether by telephone or in writing, the panel number that we provide for each practising address and the mortgage account or application number for the mortgage concerned.
• To carry out our instructions with reasonable care and skill, ensuring that all employees carrying out mortgage work on our behalf are qualified and competent to do so
• You have the consent of all borrowers to apply for the deeds, before making any request for deeds. We will accept your request for deeds on the understanding that you have obtained such consent. If this is not the case then you should advise our Deeds Services Department in writing when you make your request
• To be responsible for the reconstitution of the title deeds (whether the title is registered or unregistered, at your own cost), where any deeds in your possession, or were last known to be in your possession, go missing.
• Without prejudice to your obligation to comply in full with the Safeguards provisions in the CML Lenders’ Handbook, to report to us as soon as possible any suspicion that you have about the genuineness of any transaction in any respect.

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 MPowered 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 MPowered Mortgages we suggest that you call MPowered Mortgages to check the position.

When a solicitor is acting for both MPowered Mortgages 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 MPowered Mortgages and it may well be prudent you to cease to act for the purchaser as well. You can not tell the MPowered Mortgages 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 MPowered Mortgages conveyancing panel status.

In this situation please explain on the form what action you have taken to discover the reasons behind cancellation of your MPowered Mortgages panel status. In particular please provide details if you have received communications from the lender. E.G. before termination of your panel membership did you receive any letters or calls from the lender putting you on notice?

You would be advised to get in touch with MPowered Mortgages to obtain standard documents. The CML Handbook incorporates an individual question for banks to cite who to contact to obtain standard documents. MPowered Mortgages in their Part 2’s state: Always remember to disclose your MPowered Mortgages conveyancing panel reference.