CQS (CPMS) Mortgage and Property Fraud Prevention Policy
The recent update to the CQS Core Practice Management Standards (CPMS) requires CQS firms to have a policy in place in relation to mortgage and property fraud prevention (s5.13).
Policy documents can be time-consuming and difficult to prepare without a Policy Template as a starting point.
The Mortgage and Property Fraud Prevention Policy Template includes reference to:
- Identity of the client and client's circumstances
- Linked transactions
- Variations in price, incentives and other material considerations
- Safeguarding the firm’s client account and other people's bank account details
...as well as other formalities and general obligations as required under 5.13 of the CPMS.
CONTENTS Document Properties Change Control Associated Policies Contents 1. Identity of the client and client's circumstances 1. Linked transactions 2. Identity of the other lawyers 3. Proceeds of sale 3.1 General Considerations 3.2 Proceeds being sent to non-client 4. Variations in price, incentives and other material considerations 5. Valuations 6. Mortgage fraud schemes 7. Types of property fraud 8. Safeguarding the firm’s client account and other people's bank account details 9. Buyer-funded developments 10. Unencumbered Property 11. General 12. Warning Signs APPENDIX 1
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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