I am hearing that agents are using online checkers to see if a firm is on a lender panel. Why?
Many estate agents will be feeling the pain if their clients start out on the conveyancing process using a solicitor who is not on the panel with the purchaser’s chosen lender. Many
conveyancing firms are only discovering when they begin working on a
case that they are no longer able to work with that lender. Given
the inevitable resultant delays in the transaction the chances of an
abortive deal increases dramatically. in the circumstances there is
understandable anguish on the part of the estate agent as a result of
the lost time should the client have to change solicitors .
An established client of mine is purchasing a detached house for £700,000 in Leeds with a mortgage over GBP 500k.
I am on the
Bank of Scotland conveyancing panel but do Bank of Scotland have a separate approved panel when a mortgage is above 400,000?
Lexsure only know of two or three lenders that operate a distinct conveyancing panel where the mortgage advance is over a certain threshold.
You should nevertheless check directly with
Bank of Scotland. At one stage HSBC would only allow Sole
practitioners to act for them where the mortgage was below
£150,000. We are not sure if HSBC still operate such a condition. In
your case it is best to check with Bank of Scotland
Being on the Bank of Scotland conveyancing panel how long am I expected to archive the complete conveyancing file?
The Council of Mortgage Lender requirements of
Bank of Scotland are silent on this. Most lenders deal with the issue of file retention via their Terms and Conditions where they generally provide that for evidential purposes, the firm must keep the file for a minimum six years from the date of the mortgage. Data imagining is normally
suitable compliance with this requirement. Many lenders point out in
that it is the practice of some fraudsters to demand the conveyancing
file on completion in order to destroy evidence that may later be
used against them. It is therefore important to retain these
documents to protect Bank of Scotland’s interest. To be
absolutely sure of Bank of Scotland requirements in this regard
please check the Terms and Conditions of Bank of Scotland’s
conveyancing panel membership.
Are there conditions,outside the CML Part 2 requirements, that a firm should be aware of when on the Bank of Scotland conveyancing panel?
In order to be on the Bank of Scotland conveyancing panel solicitors have to complete an application form and agree Terms and Conditions. A sample of 5 conditions that we see amongst many lenders Terms (but not necessarily Bank of Scotland) are as follows:
You have the consent of all borrowers to apply for the deeds, before making any request for deeds. We will accept your request for deeds on the understanding that you have obtained such consent. If this is not the case then you should advise our Deeds Services Department in writing when you make your request
To be responsible for the reconstitution of the title deeds (whether the title is registered or unregistered, at your own cost), where any deeds in your possession, or were last known to be in your possession, go missing.
To keep us informed of the reasons for any delay in your being able to send the title deeds and documents we require to us within 3 months of completion or evidence of proof of registration within that period. (We will send reminders if the deeds have not been received but will not acknowledge receipt of deeds.)
To carry out our instructions with reasonable care and skill, ensuring that all employees carrying out mortgage work on our behalf are qualified and competent to do so
If you are a sole practitioner, to arrange for appropriate locum cover from our panel where necessary. Your locum must be a member of the Conveyancing panel.
What type of firms do building societies allow to be on their Conveyancing Panels?
In the same way that there is a unique Bank of Scotland
conveyancing panel most building societies, operate a conveyancing
panel for solicitors and other conveyancers that the lender will
instruct. Terms and Conditions and criteria for inclusion on a
building society conveyancing panel vary from lender-to-lender. Having
CQS accreditation may be a requirement. Institutional lenders, such
as a building society, is a client and is entitled to instruct the
solicitor or conveyancer of its choosing (who, in turn, is free to
accept or refuse instructions). Therefore, if lender and borrower
cannot agree which solicitor or conveyancer should represent them
jointly, they would usually proceed on a separate representation
basis. The BSA have not published the equivalent of the UK Finance Lenders’ Handbook
my firm’s membership of the
Bank of Scotland conveyancing panel was revoked but was reinstated on appeal, do I need to include this information on my CQS application?
We would recommend that you provide details of the date of removal, information on the reason for
removal, date of appeal and any reason given for reinstatement. This
should not negatively affect your application but gives the Law Society viability as to what has occured.
My firm is listed on the
Bank of Scotland
conveyancing panel and all set to complete a remortgage shortly. My papers do not include a Mortgage Deed for the client to sign.
Who do I contact at Bank of Scotland to get a duplicate Deed?
You should contact Bank of Scotland
to obtain standard documents. The The Council of Mortgage Lenders Handbook has an express question for lenders to enumerate who to contact to obtain standard documents.
Bank of Scotland in their Part 2’s state:
It is likely that you will need to quote the firm’s Bank of Scotland conveyancing panel number.