Looking for information about your firm's panel status?
Bank of Scotland Conveyancing Panel: Recently Asked Questions
In appealing a decision by Bank of Scotland, it may be useful to provide the following information:
- Comprehensive disclosure of your conveyancing history
- A copy of your COMPLETIONmonitor reports if you use that service
- Your recent claims history
- Full details of all staff in your firm and their position.
- Note down if a solicitor has been admitted to the role on completion of the Qualified Lawyers Transfer Test.
- Provide duplicate practising certificates, the firm's current PII schedule and the firm’s accountant's certificate, setting out the percentage of the firm's gross fee income is resulting from residential conveyancing
On appeal some solicitors have been able to regain membership to panels notwithstanding the policy by the respective lenders to refuse panel membership to firms with certain profiles or characteristics. The success is primarily due to the firms’ ability to persuade the lender to make an exception if there is sufficient evidence to reassure them that the firm is a ‘low risk’.
Please note that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Bank of Scotland are concerned if they are ‘appropriate’. Most lenders will not require environmental searches (you should Check Part 2 of UK Finance Lenders’ Handbook to be sure), but you are obliged to explain risks and availability to the borrower.
Ground stability, Plansearch,flood searches as well as the searches listed in the question are optional – but only to the extent that you have allowed the borrower client to make an informed choice. Regardless of whether there is a mortgage, If you have not advised the client that these (and other) searches are available and what risks they cover, then you will be liable if the client suffers loss through not conducting one. Is this covered within your Terms of Engagement or Report on Title?
One search supplier lists over 70 conveyancing searches – do you know what all of them are and when they may be relevant? If you are unsure as to which searches are appropriate based on location contact your search provider or call one of the leading search companies such as Searchflow.
Remember: CML requirements are not guidelines; they are the lender client’s instructions.
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