Lenders Handbook - An Update and Practical Overview

CML Lenders Handbook

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Course Overview

The CML Lenders Handbook sets out lenders’ mandatory title and enquiry requirements, but its numerous clauses are loaded with potential pitfalls for the unwary practitioner. Moreover, there have recently been some important cases that clarify the extent of a conveyancer’s duty at common law owed to a lender-client.

Delivered by solicitor and experienced lecturer Stephen Desmond, course will adopt a practical approach to dealing with key problems faced by conveyances when representing both borrower and lender. Stephen will also discuss recent cases involving conveyances and will offer insights into how these cases may affect conveyances in the future.

Part One will consider the following:

  • Valuation of the property
  • Purchase price
  • Back-to-sales and sub-sales
  • Planning and building regulations breaches
  • Restrictive covenants
  • Missing documents & other defects in title

Part Two will consider the following:

  • Leasehold flats
  • Buildings insurance
  • Bankruptcy entries & transfers at undervalue
  • New builds
    • Mortgage offer expiry
    • NHBC cover
    • Adequacy of architect's certificates  
  • Restrictions, pre-emption rights, options 
  • Lender requesting borrower’s file

What are the requirements?

Learning Outcomes

  • On completion of this course you will:

    • Understand the scope of your duties in respect of the valuation of a property
    • Have considered the issues surrounding money from a third party and discrepancies with the purchase price
    • Be familiar with the risks involved with back to back sales and sub-sales
    • Appreciate the risk of enforcement with regard to planning and building regulation breaches
    • Know what constitute a ‘reasonable’ enquiry regarding a breach when dealing with restrictive covenants
    • Be aware of the title defects and management company issues which conveyances may face when dealing with leasehold flats
    • Be familiar with the pitfalls of business insurance, especially on leasehold flats and apartments
    • Have considered the difficulties surrounding new builds and what you can do to address these issues
    • Know whether you can refuse to release a borrower’s file which has been requested by the lender

What is the target audience?

  • Conveyancing practitioners



About Instructor - Stephen Desmond

Stephen Desmond has been delivering training for over 15 years during which time he has delivered more than 1,800 CPD events to lawyers from a variety of backgrounds. Delegates at these events have included practitioners from a variety of size of firms, ranging from sole practitioners to City Solicitors. 

Stephen is a contributing editor to Butterworths Property Law Service, published by Lexis Nexis, writing on the complex law relating to long and short leases.  He writes for the Solicitors Group on the subject of commercial property. 
He has run a university-accredited distance-learning course for aspiring paralegals in the subject of residential conveyancing.

A former practicing Solicitor with several years post-qualification experience, Stephen has represented many business and private clients, including property investors and local authorities.

Course Curriculum

Part 1

  • Webinar 1
  • Webinar 2
  • Webinar 3
  • Slides
    26 Page
  • Notes
    17 Page

Part 2

  • Webinar
  • Webinar 2
  • Webinar 3
  • Slides
    34 Page
  • Notes
    15 Page