About CQS Conveyancing

When it comes to assessing the risk of money laundering a conveyancing solicitor should adopt common sense approach. Risk factors tend to be cumulative, and often involves that more than one key identifier. I set out below some of the more common risk factors to consider :-   Has the client dis-instructed a previous solicitor before retaining your firm? Has the firm conducted conveyancing for this client before? Is this transaction involve a mortgage or is it a cash purchase? Is there a foreign or offshore element to the conveyance such as money coming from abroad? Does the client live far from the office? This is more relevant where most of your clients are local. Are you being asked to act for both buyer and seller ? Will the conveyancing transaction differ materially from the original instructions or from the written record? By way of example are you now being told that the deposit has been paid directly to the seller? Is the conveyancing in some other way unusu...

Various changes took place last Friday to the CML Handbook Part 2 requirements. To access the change click here . The main changes relate to what documents you should send the lender on completion and also a slight but important change to calculating the acceptable minimum lease term.

On Monday 28th January the government formally launched the Green Deal scheme following its inception in October 2012. The intention behind the legislation is to improve the energy efficiency of the property stock in the UK. I have been asked by a number of conveyancing solicitors about what additional responsibilities there are for conveyancers during the process of selling or buying a property which has been subject to a Green Deal. By way of background, the Green Deal enables homeowners and others to take out long-term loans to fund energy-efficient home improvement projects such as the installation of loft insulation, solar panels and new boilers. The loan is paid back through the electricity bills for a period of up to 25 years. Under the scheme approved Energy Assessors will attend the property to assess its energy efficiency and make recommendations on potential improvements, such recommendations taking into account not only the design and age of the prope...

As with most lenders Santander will only instruct conveyancers or firms that are on their conveyancing panels. The CML does not maintain a central conveyancing panel for lenders. If you want to be admitted onto a Santander's conveyancing panel you must write to Santander directly at Carlton Park, Narborough, Leicester, LE19 0AL

There are two relevant time limits; The Legal Ombudsman will accept complaints up to six years from the date of act/omission, or three years from when the complainant should have known about the complaint. However, this new limit will be introduced gradually so at the moment the problem must have happened on or after 6 October 2010. Or, if the problem happened earlier than that, the client must not have been aware of it before 6 October 2010.

num changes sectionname question 63 6.7.1 What new home warranty schemes are acceptable to the lender? 58 5.20.1 Does the lender require me to report to them where the lease does not meet the CML minimum requirements for leases of roof space for solar PV panels? 55 5.20.3 Does the lender have additional requirements relating to leases of roof space for solar PV panels, and if so, what are they? 44 5.2.1 If different from 1.11, the contact point if the seller is not the owner or registered proprietor and is not listed in the exceptions above: 18 14.2.1 Where should the title deeds and documents be sent? 15 5.8.5 Does the lender accept security which comprises one of two leasehold flats in a building where the borrower also owns the freehold reversion of the other flat and the other leaseholder owns the freehold reversion in the borrower's flat? If so, are there any specific requirements? 14 16.1.1 If different from 1.11, contact point for title docu...

The Land Registry has recently introduced a new registration system allowing conveyancing lawyers to submit applications and documents electronically.There are a number of benefits our conveyancers can expect from e-DRS such as: The e-submission of applications and the removal of postal delivery will reduce average end-to-end processing time  All applications will be received and responded to electronically, creating an audit trail. This will provide a useful tool in the prevention of fraud. The e-service will support your efforts to slim down on your bulky paper files. It will also provide an opportunity to reduce costs such as DX, postal and manual processing      As well as the above benefits, e-DRS will also provides a number of services that will make the application process easier. e-DRS builds on the e-lodgement and e-delivery application types already available through the Land Registry. It enables you to electronically lodge a suite of appli...

The table below shows "most change events" rather than "most sections changed".  # change events lenderName 10 HSBC Bank plc 9 The Royal Bank of Scotland plc 8 National Westminster Bank plc 6 Virgin Money plc 6 The Royal Bank of Scotland plc One Account 6 Darlington Building Society 6 The Royal Bank of Scotland plc First Active 6 The Royal Bank of Scotland plc Direct Line Mortgages 6 The Royal Bank of Scotland plc Virgin One 6 Santander 6 The Royal Bank of Scotland plc Natwest One Account 6 The Royal Bank of Scotland plc Direct Line One 6 Halifax 5 Bank of Scotland Beginning A 5 Lloyds TSB Bank plc-C&G accounts beginning 500000 5 Principality Building Society 5 Lloyds TSB Bank plc-non-C&G mortgages 5 Santander UK plc for Alliance & Leicester mortgages only 4 Lloyds TSB Bank plc-C&G branded roll numbers pre-fixed 20/ 4 Lloyds TSB Scotland plc

Solicitors on the Halifax Solicitors Panel should take note of an important change concerning sending the lender the original mortgage deed post completion of registration of their charge.  Ordinarily Halifax's Part 2 retirements dictate that the Land Registry should retain the original deeds. As of today I have been notified via LENDERmonitor of the following Halifax addition :  'where you make your application for registration through the e-Document Registration Service, HMLR will not accept any original deeds; accordingly, you should forward the original signed mortgage deed to us together with the title deeds in any such cases, clearly indicating that you have done so on the Deeds Schedule'.

If so consider the following four points after notifying your insurers : Was the valuation report was negligent? If so, and the valuer has insurance or assets, bring contribution proceedings against the valuer. Is this a no transaction case or a reduced transaction case? Lenders frequently try to argue the former without any proper regard to the factual matrix. It is always worth remembering to check which practice rule or conduct rule applies and which version of the Lender’s Handbook is relevant. To access the relevant Part 2s make use of the LENDERmonitor Litigation Service . The same point can be made in respect of the Conveyancing Handbook, Land Registry leaflets and practice notes. In a claim for negligence or breach of contract or even breach of trust consider if there is a possibility of arguing contributory negligence on the part of the lender. Check if there is an unduly high loan to value? Has the lender made any enquiries about the purchaser’s creditworthin...