Updated 25 September 2026 · Adam Bernard Solicitors, Residential Property team
Yes. In England and Wales, your conveyancing solicitor usually acts for your mortgage lender as well as for you. They check the property, the title and the conditions in your mortgage offer on the lender’s behalf, and confirm to the lender that everything is in order before the money is released. What they don’t do is decide whether you can afford the mortgage, value the property or advise on which mortgage deal to choose. That is the job of the lender, its valuer and your mortgage broker.
This guide explains what your solicitor checks, what they don’t, and why they need to be on your lender’s approved panel to do it.
Does your solicitor act for you or for the bank?
On most purchases and remortgages, one conveyancing solicitor acts for both the buyer and the mortgage lender. You instruct the solicitor, and the lender then sends its own instructions to the same firm. Your solicitor therefore has duties to both of you:
- To you: make sure you get good legal title to the property and understand what you’re buying.
- To your lender: make sure the property is acceptable security for the loan and that the lender’s legal charge is properly registered.
Most lenders’ instructions come from the [link: UK Finance Mortgage Lenders’ Handbook → https://lendershandbook.ukfinance.org.uk/lenders-handbook/englandandwales/]. It sets out what the conveyancer must check and report. Part 2 of the Handbook adds each lender’s own requirements. Many building societies use the equivalent BSA Mortgage Instructions.
What your conveyancing solicitor checks for your mortgage lender
Your solicitor’s checks for the lender are about the property and the legal title, not about you as a borrower. The main ones are:
- The mortgage offer and its conditions. They go through the offer with you and flag any special conditions, such as a retention until works are done, a requirement to repay other debts, or a condition about who lives in the property.
- The title. They confirm the seller owns the property and can sell it, and that nothing in the title (restrictive covenants, rights of way, missing rights) would make it poor security for the lender.
- Searches. Local authority, drainage and environmental searches are reviewed for anything that could affect the property’s value or the lender’s security.
- Lease terms (flats and leasehold houses). They check the lease length remaining against the lender’s minimum, the ground rent and service charges, and any clauses the lender won’t accept.
- The price and any incentives. On new-builds the developer must complete a Disclosure of Incentives form. Your solicitor must also tell the lender about anything unusual, such as cashback, a price different from the valuation, or a seller who has owned the property for less than six months.
- Your deposit and source of funds. They carry out anti-money-laundering checks on where your deposit comes from. Lenders also need to know about gifted deposits, and the person giving the gift usually has to sign a declaration.
- Other occupiers. Anyone aged 17 or over who will live in the property but isn’t on the mortgage usually has to sign a consent form giving up any rights ahead of the lender.
- Planning and building regulations. Missing consents for extensions or alterations are reported to the lender and resolved, often with indemnity insurance.
Once these checks are done, your solicitor sends the lender a Certificate of Title (sometimes called a report on title) and requests the mortgage funds in time for completion. After completion, they register your ownership and the lender’s charge at HM Land Registry.
What your conveyancing solicitor does not check
Your solicitor doesn’t approve your mortgage or assess whether it suits you. In particular:
- Affordability and credit. The lender assesses these before issuing the mortgage offer.
- The property’s value. The lender’s valuer does this. A mortgage valuation isn’t a survey, so for the property’s condition you need a separate RICS survey.
- Whether it’s the best deal. Rates, fees and product choice are for you and your mortgage broker.
If your solicitor finds something that affects the lender, such as a short lease, a price discrepancy or a missing consent, they must report it. The lender may then change or withdraw the offer. That’s why the checks start early.
Why your solicitor has to be on your lender’s panel
A solicitor can only act for your mortgage lender if the lender has approved them. That approved list is called the lender’s panel. If your solicitor is on the panel, one firm does the work for both of you: one fee, one set of checks, and no waiting on a second firm.
Adam Bernard Solicitors is on the panels of more than 25 lenders, including HSBC UK, Nationwide, Santander, Barclays and NatWest. [link: See the full list of mortgage lenders we act for → /panels-list/].
What happens if your solicitor is not on the lender’s panel?
The lender will usually instruct its own solicitor to protect its interests (called separate representation), and you normally pay that firm’s fees on top of your own. It also adds a second firm to every step, which often slows completion. Some lenders don’t allow separate representation at all, so you’d have to change solicitor.
How to check if a solicitor is on your lender’s panel
Ask the solicitor for written confirmation that they are on your specific lender’s panel, and check with your broker or lender, before you instruct them.
- Check the firm’s published lender list.
- Ask for written confirmation covering your lender, your type of mortgage (residential or buy to let) and the office handling your matter. Some panels approve individual offices, not the whole firm.
- Ask your mortgage broker. Brokers can check panel status through lender systems.
- Confirm the solicitor is regulated by the SRA and listed on the Law Society’s [link: Find a Solicitor → https://solicitors.lawsociety.org.uk/].
- Check the firm holds Law Society [link: Conveyancing Quality Scheme (CQS) accreditation → https://www.lawsociety.org.uk/topics/firm-accreditations/conveyancing-quality-scheme/], which most high street lenders require.
Remortgaging: what the solicitor checks
On a remortgage, your solicitor acts for the new lender. They check the title, confirm the new lender’s conditions are met, pay off your existing mortgage on completion and register the new charge. There is no buyer or seller, so it’s usually quicker than a purchase. The new lender still needs a panel solicitor, and some remortgage deals come with free legal work through the lender’s own panel firm.
