Priority Papers

It has understandably been the practice of building societies and other mortgage lenders for several years to ask that we should only send them relevant documents.

I am, however, astounded to receive a letter from one of the major lenders advising me that our client's lease is not in their view a key document and should not have been sent to them, nor should the local search made on the occasion of our client's purchase, current National Housebuilding Council documents or planning consents.

They only want the charge certificate and nothing else.

The lender suggests that if we think it necessary that these documents should be kept (and the inference is that they should be destroyed) we should send them to our client.

One of the very basic instructions which I received on commencing my articles many years ago was that title documentation should never be separated since this was a recipe for confusion.

If I send the 'surplus' documentation to the clients there seems to be every possibility that they will lose it (or as happened to one of our clients in respect of their unregistered title deeds which they insisted on keeping at home, being converted into a rat's nest).

If my firm keeps them, then a few years down the line the clients will have forgotten who has them or indeed following a death the personal representatives may never know.

It is important to remember that nowadays there is diminishing client loyalty, and the choice of solicitor appears to be something largely within the gift of the estate agent who is instructed.

I also bear in mind that nowadays some lenders are charging as much for producing a redemption statement as the solicitor charges for property conveyance.

Perhaps mortgage lenders could do something to earn their fees and accept that key documents should be kept together.

RM Napier, Albinson Napier & Co Warrington, Cheshire