Vida Homeloans Conveyancing Panel Information

The Scottish Law Society has suggested that solicitors should check their panel status with lenders prior to accepting client instructions to act. The advice is lender-agnostic as it does not relate specifically to solicitors on the Vida Homeloans conveyancing panel. The recommendation arises from the practice of a number of mortgage lenders who remove solicitors from their panels without prior notice as part of their panel management system, which can lead to some solicitors discovering this only once instructed. This is sensible advice as a client finding out midway through a transaction that their lawyer is not on the approved lender panel is very frustrating and can lead to complaints. Many online consumer forums contain posts where someone is complaining about finding that their lawyer is not on a lender conveyancing panel. Such forums include moneysavingexpert.com

Each lender has different criteria. We do not hold specific requirements relating to the questions raised as part of the application to be on the Vida Homeloans conveyancing panel. Typically lenders need to have full knowledge of a firm including (but not limited to):

Details of any accreditation e.g. Lexcel or

List of all Licensed Conveyancers within firm

Structure of firm and, where applicable, its group

Full disciplinary history for each licensed conveyancer

List of all those who can sign off the Certificate Of Title

Whether the firm has ever knowingly accepted instructions on transactions involving Sale and Rent Back, Back to Back, Exchange and Delayed Completion and Lease Option, Below Market Value.

Whether the firm has ever accepted instructions in respect of property clubs and investment schemes

Automated alerting to inform lenders when there is a fundamental change to the firm (e.g. change of ownership)

Full disciplinary history for each conveyancing solicitor

Whether the firm has ever applied for accreditation and the outcome of the application

We can't comment specifically on Vida Homeloans. 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 she is in arrears with the lender he 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.

The key here is the caveat ‘more onerous’. You have to try and take an objective view as to whether the Terms relating to the Vida Homeloans conveyancing appointment (or other terms for other lenders) are ‘more onerous’ than the UK Finance Lenders’ Handbook Conditions. Depending on the Terms you may need to provide details on your renewal form. If you are in any doubt please call your broker to discuss before completing the answer.

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 Vida Homeloans solicitor panel membership. Please remember that it is always important that you complete your insurance forms accurately.

You would be advised to get in touch with Vida Homeloans to obtain standard documents. The The Council of Mortgage Lenders Handbook has an express section for lenders to establish who to contact to obtain standard documents. Vida Homeloans in their Part 2’s state: It is likely that you will need to quote the firm’s Vida Homeloans conveyancing panel number.