Ahli United Bank Conveyancing Panel Information

The information on this page is designed to keep solicitors and licensed conveyancers abreast of latest requirements changes by Ahli United Bank and to assist in remaining on the Ahli United Bank Conveyancing Panel.

Ahli United Bank Conveyancing Panel: Recently Asked Questions

Is it true that the Law Society has advised that firms check their status on the Ahli United Bank conveyancing panel?
The Law Society of Scotland has advised that solicitors should check their panel status with lenders before accepting client instructions to act. The advice is lender-agnostic as it does not relate specifically to solicitors on the Ahli United Bank conveyancing panel. The suggestion arises from the practice of a number of mortgage lenders who remove solicitors from their panels without prior notice as part of their panel management system, which can lead to some solicitors discovering this only once instructed. This is sensible advice as a client finding out midway through a transaction that their lawyer is not on the approved lender panel is very frustrating and can lead to complaints. Many online consumer forums contain posts where someone is complaining about finding that their lawyer is not on a lender conveyancing panel. Such forums include moneysavingexpert.com

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Given my firm’s membership on the Ahli United Bank conveyancing panel how long am I expected to archive the complete conveyancing file?
The Council of Mortgage Lender requirements of Ahli United Bank are silent on this. Most mortgage companies deal with the issue of file retention via their Terms of panel appointment where they generally provide that for evidential purposes, the firm must keep the file for at least of 6 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 Ahli United Bank’s interest. To be absolutely sure of Ahli United Bank requirements in this regard please check the Terms and Conditions of Ahli United Bank’s conveyancing panel membership.
I understand that Ahli United Bank could request or audit my files as I am on the Ahli United Bank conveyancing panel. What do I do if I receive such a request?
We can't comment specifically on Ahli United Bank. Many major lenders are now introducing ‘file auditing’ as standard practice in relation to completed matters. This raises questions of confidentiality in relation to the borrower and the purpose to which the results of such audits will be put. The starting point is to remember that the file does not belong to your firm, it belongs to the ‘client’. But, of course, we will normally have two clients – the buyer and the lender - and you will owe a duty of confidentiality to each. So basically, you have to separate the file and just send the lender the parts solely relating to themselves. But, of course, as this will basically be correspondence with the lender, mortgage instructions etc.

Check with your COLP but a firm should not send the complete conveyancing file without the buyer client’s express consent – and if he is in dispute with the lender she is hardly likely to agree. However, if the lender can establish a prima facie case of fraud, then you may be under an obligation to disclose the whole file.

The emerging convention is that lenders are including an authority to disclose in loan application forms to counter this problem. Mortgage Express v Sawali, [2010] EWHC 3054 (Ch) indicates that such provisions are valid. Please click here for more information about that case.

Does my firm run the risk of being suspended off the Ahli United Bank conveyancing panel if I have not sent the TID on a purchase within a certain period of completion?
You might expect Ahli United Bank via their Part 2 requirements to address this but the Handbook is silent on time frames. You need to look at the Terms of Ahli United Bank’s Conveyancing Panel Appointment that you entered into. For a number of banks these Terms include a provision along the following lines: ‘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’ It is imperative to keep Ahli United Bank updated. Law firms can often compound their problems by not communicating with the lender when there is a delay or problem.
My firm is representing a seller of a property and we have received a letter from the buyers solicitors who are not on the Ahli United Bank conveyancing panel requesting that we undertake to send certain post-completion documents to a law firm on the approved solicitor list for Ahli United Bank. How has this come about?
You will be aware of the trend in recent years for lenders such as Ahli United Bank to take a much more pro-active approach in relation to the management and make up of their conveyancer panels. The knock on effect of this is that it is more likely that there will be a higher number of cases where a conveyancer is not on the Ahli United Bank panel. The situation that you find yourself in is where your client’s purchaser has his/her own lawyer and Ahli United Bank have appointed a separate lawyer to act on their behalf where the new CML Part 3 requirements apply. Section 11.1 of the UK Finance Lenders’ Handbook Part 3 requires Ahli United Bank’s panel solicitor to ‘ ...transfer the mortgage advance directly to the Seller’s conveyancer. The Seller’s conveyancer must be required to hold the mortgage advance on the terms of the required undertaking. The example borrower’s conveyancer’s undertaking letter includes a specific example of the seller’s undertaking’. You should expect to be advised to received the mortgage advance directly from the conveyancing solicitors for Ahli United Bank. You will no doubt be required to undertake directly to Ahli United Bank’s solicitors to discharge any charges secured on the property and to send directly to them the executed transfer and any other documents required to enable us to effect registration. Please remember to carefully consider undertakings in accordance with your firm’s protocol and record them in your undertakings logg. Please remember that as well as this breach of this undertaking having regulatory and compliance implications it’s breach could also result in your firm being removed off the Ahli United Bank conveyancing panel.
Our membership of the Ahli United Bank conveyancing panel was terminated but was reinstated on appeal, do I need to include this information on my CQS application?
You should 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.
Our practice is on the Ahli United Bank conveyancing panel and scheduled to complete a remortgage shortly. I dont have a Mortgage Deed for the client to execute. Who do I contact at Ahli United Bank to get a duplicate Deed?
You should communicate with Ahli United Bank to obtain standard documents. The The Council of Mortgage Lenders Handbook includes a specific section for banks to establish who to contact to obtain standard documents. Ahli United Bank in their Part 2’s state:
You will need to disclose the firm’s Ahli United Bank conveyancing panel reference.

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Average number of days to register title including a charge in favour of Ahli United Bank
This information relates to purchase only and not remortgages.
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* Data aggregated from sources including COMPLETIONmonitor