Mortgages & Conveyancing - An Introduction for Conveyancers

Introduction

As a conveyancer you will be involved in completing, registering, and discharging mortgages as part of your practice. There may be a minority of clients for whom raising the purchase price of a property is no problem but for most of your clients, residential or commercial, a mortgage will be a necessity.

There are Land Registry requirements whether completing a mortgage or redeeming it, all of which must be complied with to avoid requisitions or cancellation of your application, and the potential liability of conveyancers is increasing as are the technical rules surrounding mortgages, their registration and redemption. Your aim is fulfilling your duties to the lender and client thereby minimising exposure to liability.

What You Will Learn

This live and interactive session will cover the following:

• The AP1 application and standard Land Registry forms, requisitions, searches, and practice guides
• Fraud and forgery - the status of a mortgage registered after a fraudulent transfer and a mortgage fraudster suing their conveyancer
• Land Registry guidance on ‘Digital Mortgages’
• Undue influence, conflict of interest and when separate representation is required
• The Law Society Conveyancing Protocol 2019 - on mortgages
• Deeds of variation and postponement of a registered charge
• Discharges of registered charges. 'Early completion' of applications where no evidence of discharge is lodged. Deeds of substituted security
• The conveyancers' duty to the lender, undertakings to discharge
• UK Finance Handbook - what does it say about mortgages and the certificate of title?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.