CQS (CPMS) Dealing with Lenders Policy
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 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. Notifications to Lenders - Information on the Firm 17. Letter/Deed of Consent and Postponement By Deed - Common Errors 18. Absolute and Good Leasehold Title
Exclusions to note
Sample template bundles do not include a template to show the structure of the residential conveyancing department at a firm. The data protection policy template covers the requirements of CQS, however it is the responsibility of the firm to ensure it is compliant with the requirements of the General Data Protection Regulation.
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