Brokers report delays on legal work - Mortgage Strategy

Img

Brokers have been reporting lengthy delays on legal work as some firms struggle to cope with staff shortages and office closures.

Advisers say there have been problems with small high street firms that are not equipped for remote working or digital processes.

They say that some such firms have simply closed for business until further notice leaving borrowers in the lurch.

Other brokers report bottlenecks with the larger firms that lenders instruct to carry out free legal work on remortgages.

Altura Mortgage Finance managing director Rob Gill says: “I have had a purchase client forced to switch solicitors as their original firm said they could not operate from home and would no longer proceed with the case.

“They have basically shut down the firm until they are able to go back into their offices.

“It is shocking.”

But he adds: “There are some great firms out there that are very well set up and keen to take up the slack.”

Private Finance director Shaun Church says: “I have heard from clients who are using smaller law firms that have furloughed staff and decided to only open for business two or three days a week, which is leading to longer processing times.

“Some of the old school solicitors who do everything with paper are finding it significantly harder than those that are used to using digital platforms and technology.”

Integrity Wealth Management business principal Michael Lawlor says: “I have had five remortgage cases all with different solicitors that were supposed to complete on April 1 and none have completed yet. 

“These were all cases with free legals so the lenders instructed the law firm. 

“The solicitors have either stopped accepting phone calls or there are lengthy call queues so all you can do is email.”

The Money Group director Martin Stewart has been facing similar issues.

But he says: “While some people think a business continuity plan should have covered the pandemic there is no way anyone could have seen or accommodated for the unprecedented disruption that has collapsed the efficiencies that we once took for granted. 

“If we are learning one thing from this situation, there is a lot less rushing and time sensitivity to some things so patience is probably a good skill to learn in the down time.”

Conveyancing firm Simplify’s group distribution director Dev Malle says:  “The position from law firms has unfortunately been very inconsistent.

“Some firms have said they will continue to operate but continue to work from their offices almost as if no government guidance on this had been issued.

“At the other extreme, many smaller firms have shut up shop and have refused to do any exchanges or completions until further notice.

“The government position is quite clear and, while they have not stopped exchanges and completions from happening, everyone must follow the public health guidelines.

“I can only talk for Simplify Group and we are very fortunate that with advanced digital capability we already had a large number of remote workers. 

“However, within a week we were able to give 1,500 staff the capability to fully operate remotely and today every one of our conveyancers and supporting functions is based at home. 

“Depending on the client’s individual circumstances and instructions, we have been able to continue to manage transaction exchange and completions. 

“Even when lockdown is lifted we do believe the extraordinary circumstances will mean consumer behaviour towards slicker digital solutions will accelerate as they will find greater confidence in services that are more resilient and able to cope with various challenges.”

Professional bodies representing solicitors and conveyancers have explained there are many reasons for delays that are often beyond their members’ control.

Law Society of England and Wales president Simon Davis says: “Solicitors continue to work hard on behalf of clients in the face of unprecedented hurdle.

“Home buyers and renters should, where possible, delay moving in accordance with government guidance. 

“There are of course real difficulties for those who have exchanged contracts, but are unable to complete.

“Where there are delays, our members tell us that most are caused by banking issues, complications arising from compliance with social distancing guidelines, or the unavailability of removal or other services.

“Our members are working extraordinarily hard to find workable alternatives and to ensure that – where moves are absolutely necessary – transactions can continue.”

Conveyancing Association director of delivery Beth Rudolf adds: “Each case currently working through the process is different and it’s important not to generalise as conveyancers have to weigh up a number of different measures and guidelines when it comes to their ability to progress a case, plus of course the client’s instructions. 

“Ultimately the government’s advice is to, where possible, delay the transaction until after the lockdown, and therefore all stakeholders need to appreciate that conveyancers are working within these guidelines. 

“The CA has worked with other industry groups and our regulators to produce further guidance for firms that supplements the government guidance, plus we have drafted a variation agreement that firms can use in order to secure agreement on a delay. 

“This is available from the CA website and we are urging our member firms to use this where possible.”


More From Life Style