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New CML separate representation conveyancing instructions

13 June 2012

The Council of Mortgage Lenders (CML) has issued new instructions for those who are acting only for a lender in a conveyancing transaction. These instructions will form a new Part 3 of the CML Lenders' Handbook and will take effect from 2 July.

As lenders have taken steps to reduce their panels there has been an increase in cases of separate representation over the last 12-18 months. Many members have expressed concerns over the range of instructions that lenders have issued in these situations. The Law Society therefore encouraged the CML to introduce a standard set of instructions for use in separate representation cases in order to provide some consistency in these kinds of transactions. Currently in separate representation cases lenders issue their own requirements which in practice has led to some difficulties and delay.

An example standard requirements letter and undertaking to be used in relation to the borrowers' solicitor will also be available. However these are in practice likely to be adapted by some lenders so there may still need to be some negotiation.

The Law Society will monitor how the new instructions operate in practice and will endeavour to work with the CML to make further amendments where necessary.