Can my firm make a complaint to the Council of Mortgage Lenders about being excluded from the Platform conveyancing panel?
The Council of Mortgage Lenders is an association rather than a regulator and therefore will not investigate grievances against lenders. You can of course contact Lexsure to see if we can assist.
A recent SRA survey reveals that 76% of
solicitors have been removed from a lender conveyancing panel. Platform and other lenders have restricted their panel over
the years. Why?
In operating open conveyancing panels, lenders such as Platform
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.
Platform 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.
I rarely receive a copy of a valuation from a lender these days. Does the extent of my Platform conveyancing panel obligations extend to checking the valuation details where I am acting on a purchase with
Platform as the Mortgagee?
You have a number of obligations in this regard which you need to follow if you wish to comply with your lender client’s instructions as set out in the UK Finance Lenders’ Handbook. First, 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
Platform immediately. (b) 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
Platform’s mortgage offer are correct. If they are not, please let
Platform know as soon as possible as it will be necessary for
Platform to check with the valuer whether the valuation needs to be revised.
Platform conveyancing panel solicitors are not expected to assume the role of valuer.
Platform are simply trying to ensure that the valuer has valued the property based on correct information. (c) Platform 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.
Platform recommend that, if we send a copy of a valuation report that
Platform 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 survey or comprehensive survey.
If you do not receive a copy of the valuation you can always ask for a copy of one from
Platform 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
Platform conveyancing panel
Where can I find the Platform conveyancing panel requirements in respect of Transfer of Equity Conveyancing?
Platform approved solicitors are bound by the UK Finance Lenders’ Handbook 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
Platform require, the deed of covenant on their behalf. You will need to check
Platform CML Part 2 conditions to see if
Platform 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
Platform conveyancing panel
my firm’s membership of the
Platform conveyancing panel was revoked but was reinstated on appeal, do I need to disclose this information on my application for CQS accreditation?
We would recommend that you provide details of the date of removal, information on the reason for
removal, date of appeal and any reason given for reinstatement. This
should not negatively affect your firm’s application but gives the Law Society viability as to what has happened.
My firm is listed on the
Platform
conveyancing panel and scheduled to complete a purchase within the next few weeks. My file does not contain a Legal Charge for the client to sign.
Who do I contact at Platform to request substitute deeds?
You would be advised to get in touch with Platform
to obtain standard documents. The The Council of Mortgage Lenders Handbook contains an individual inquiry for lenders to cite who to contact to obtain standard documents.
Platform in their Part 2’s state:
It helps to quote the firm’s Platform solicitors panel number.