The Council of Mortgage Lenders (CML) has been developing a set of standard instructions for a conveyancer who represents the lender, but not the borrower, in a residential conveyancing transaction. This is known as “separate representation”. For further information see Legal update, CML developing new instructions for separate representation.
The CML has now finalised those instructions and on 2 July 2012 they came into force and will be formally added as a Part 3 to the England and Wales version of the CML Lenders’ Handbook for Conveyancers.
To further assist, paragraph 1.4 of the instructions will link to a precedent standard requirements letter, which the lender’s conveyancer can send to the buyer’s conveyancer, listing its documentary and information requirements. The letter can be adapted to suit the lender’s conveyancer’s specific requirements. There is also a sample letter that a borrower’s conveyancer can use to confirm compliance, and undertake in accordance with the lender’s conveyancer’s pre-completion requirements.