The recent update to the CQS Core Practice Management Standards (CPMS) requires CQS firms to have a policy in place for dealing with lenders (s6.4).
Policy documents can be time-consuming and difficult to prepare without a Policy Template as a starting point.
Lexsure’s COMPLETIONmonitor team have drafted a set of policy templates designed to make it simpler for conveyancing firms to meet their compliance obligations.
The Dealing with Lenders Policy Template includes reference to:
Overriding obligations
Reporting and Duty of Disclosure
Practical Risk Controls - UKF/BSA Handbook Checks
Potential for Conflict of Interest
Identity of the Borrower Clients
Formalities when Reporting to Lenders
...as well as other formalities and general obligations as required under 6.4 of the CPMS.
CONTENTS
Document Properties
Change Control
Associated Policies
Contents
1. Overriding obligations
2. Potential for conflict of interest
3. Identity of the borrower clients
4. Identity of the property
5. Reporting and disclosure obligations
6. Practical risk controls - UKFLH/BSAH handbook checks
7. Formalities when reporting to lenders
8. Reminder of general obligation to disclose and solicitor's duty to advise – common law principles
9. Mortgage redemption (sales and remortgages)
9.1. Basic Information
9.2. Redemption, Deeds and Document Requests
9.3. Witnessing Documents
10. Failing to report to lender - avoiding misconceptions
11. Purchases from a Company
12. Dealing with a lender with no P2 or a blank P2
13. Borrower is Incorporated Body
14. Borrower is a Charity
15. Requirements above and beyond the UKFLH and BSAH
16. Lender Panel Managers and Lender-Managed Portals
17. Notifications to Lenders - Information on the Firm
18. Letter/Deed of Consent and Postponement By Deed - Common Errors
19. Absolute and Good Leasehold Title
20. Dealing with Lender
21. Monitoring & Review
22. Acknowledgement Provision
