Aldermore Bank Conveyancing Panel Information

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

Aldermore Bank Solicitor Panel: Recently Asked Questions

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Can my firm make a complaint to the CML about being suspended from the Aldermore Bank conveyancing panel?
The Council of Mortgage Lenders is not a regulator and therefore do not investigate complaints against lenders. You can of course contact Lexsure to see if we can help.
A recent SRA survey reveals that 76% of solicitors have been removed from a lender conveyancing panel. Aldermore Bank and other lenders have restricted their panel over the years. Why?
In operating open conveyancing panels, lenders such as Aldermore Bank face a number of fraud and negligence risks. While there is no authoritative source of data on lender exposure to solicitor–led mortgage fraud, anecdotal evidence from lenders indicates exposure on individual cases are often in the millions of pounds. The National Fraud Authority estimates that £1bn per year is lost in mortgage -related frauds in total, which is seen as a conservative estimate.

These risks are exacerbated by the lack of a comprehensive set of data on all conveyancing firms (which, for the avoidance of doubt, would include solicitors and conveyancers across the UK) which is in a readily accessible format. Currently, lenders vet the suitability of their panel firms against a variety of disparate, incomplete and potentially inaccurate sets of information. One top 5 lender pointed out to us that it is almost impossible to track individual fraudsters who move from firm to firm, especially where they are no longer registered or no longer hold a valid practicing certificate.

Aldermore Bank and other lenders are in varying stages of reviewing their approach to vetting firms on their conveyancing panels, to ensure their ongoing exposure to unsuitable firms is reduced. There is also regulatory impetus on lenders to ensure that they have satisfactory oversight of their third party panels, including a due-diligence process.

I understand that Aldermore Bank could request or audit my files as I am on the Aldermore Bank conveyancing panel. Are there any confidentiality issues that I need to consider first?
We can't comment specifically on Aldermore 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 arrears with the lender he 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.

My conveyancing assistant has resigned on short notice. I urgently need to prioritise making sure that charges are registered. That said, how quickly do I need to send deeds to Aldermore Bank once the charge is registered before my firm runs the risk of being suspended off the conveyancing panel for Aldermore Bank?
Aldermore Bank will likely expect the deeds to be sent to them within 10 days of you receiving the TID (unless their specific P2 requirements specifically state that they you are not to send them anything). Most COTs refer to complying with the Certificate of Title referred to in IB (3.7) of the SRA Code of Conduct 2011, published by the Law Society which states that you ‘will despatch to you such deeds and documents relating to the Property as you require with a list of them in the form prescribed by you within ten working days of receipt by us of the title information document from the Land Registry’ As to whether the lender will suspend your panel status this very much varies according to the lender’s own internal policies The more cases you have the more risk you face. Some lenders may take action if there records show that the deeds are outstanding for more than 3 matters. The fact is that if you keep within the time frame then you will have more chance of remaining on the Aldermore Bank conveyancing panel.
JLT’s PII renewal form enquires if my practice had been removed off any lender panels in the last 12 months. I recently found out that the firm is no longer on the Aldermore Bank solicitor panel? Is this likely to effect my PII premium?
The best placed professionals to answer this question are your insurance brokers. The chances are that on the basis that you have not been removed for fraud or negligence reasons that there will be little or no impact. The main reason why a firm would be removed off of a lender panel is due to low volume of conveyancing cases although there may be a number of criteria for Aldermore Bank solicitor panel membership. Please remember that it is always important that you complete your insurance forms accurately.
I am on the Aldermore Bank conveyancing panel and due to complete a remortgage shortly. I dont have a Legal Charge for the client to sign. Who do I contact at Aldermore Bank to get a duplicate Deed?
You would be advised to get in touch with Aldermore Bank to obtain standard documents. The CML Handbook has a specific question for lenders to set out who to contact to obtain standard documents. Aldermore Bank in their Part 2’s state:
You will need to quote the firm’s Aldermore Bank solicitors panel number.

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