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Birmingham Bank Solicitor Panel: Recently Asked Questions
Do Birmingham Bank or the Council of Mortgage Lenders run professional training seminars for the
Birmingham Bank approved solicitor panel in the same way that CQS run CPD Courses for accredited firms?
The Council of Mortgage Lenders (or the BSA) do not involve themselves in training although they do organise a number of general conveyancing related conferences which are attended by firms on the Birmingham Bank conveyancing panel. It is our intention to run specific lender focused seminars in the coming months including a webinar on Birmingham Bank’s Part 2 obligations. Practitioners on the Birmingham Bank conveyancing panel are welcome. Information about the webinar will be made available as part of the LENDERmonitor P2 change Notifications.
Am I obliged,
being on the
Birmingham Bank conveyancing panel, to carry out a Cancel Search?
Birmingham Bank make no specific obligation to carry out any of
the searches listed. The UK Finance Lenders’ Handbook simply states that ‘you must
ensure that any other searches which may be appropriate to the
particular property, taking into account its locality and other
features are carried out’.
Please note that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Birmingham Bank 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. Does your ROT and Ts and Cs cover this?
A leading search provider lists over 70 property 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 STL.
Given my firm’s membership on the Birmingham Bank conveyancing panel how long am I expected to retain the original conveyancing file?
The CML Part II requirements of
Birmingham Bank are silent on this. Most mortgage companies address the question 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 Birmingham Bank’s interest. To be
absolutely sure of Birmingham Bank requirements in this regard
please check the Terms and Conditions of Birmingham Bank’s
conveyancing panel appointment.
My conveyancing assistant has left my firm unexpectedly.
I urgently need to prioritise making sure that charges are registered. That said, how quickly do I need to send deeds to
Birmingham Bank once the charge is registered before my firm runs the risk of being suspended off the conveyancing panel for Birmingham Bank?
Birmingham 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
Birmingham Bank conveyancing panel.
Are figures published regarding the
Birmingham Bank conveyancing panel size and the number of conveyancing firms dismissed each quarter?
With banks and property lawyers working so closely with one another it is surprising that there has not been much call for the introduction of a bit of transparency regarding not just the figures for the
Birmingham Bank conveyancing panel but for all bank panels
Will Conveyancing Quality Scheme acceptance secure my firm’s acceptance on to lenders conveyancing panels?
CQS accreditation is no guarantee to lender panel acceptance. Nevertheless the CML have indicated that it is likely to become a prerequisite for firms wishing to join their approved list of conveyancing solicitors. A number of mortgage companies now use the scheme as the starting point for Panel membership such as Santander.
Our practice is on the
Birmingham Bank
conveyancing panel and due to complete a remortgage within the next few weeks. My file does not contain a Mortgage Deed for the client to sign.
Who do I contact at Birmingham Bank to get a duplicate Deed?
You should communicate with Birmingham Bank
to obtain standard documents. The CML Handbook includes a specific question for lenders to establish who to contact to obtain standard documents.
Birmingham Bank in their Part 2’s state:
Please remember to disclose the firm’s Birmingham Bank conveyancing panel reference.
Find a Lawyer on the Birmingham Bank Conveyancing Panel
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Average number of days to register title including a charge in favour of Birmingham Bank
This information relates to purchase only and not remortgages.
| Year | Days* |
|---|---|
| 2025 | [no data] |
| 2024 | [no data] |
| 2023 | [no data] |
| 2022 | [no data] |
| 2021 | [no data] |
| 2020 | [no data] |
* Data aggregated from sources including COMPLETIONmonitor
Other related topics:
- CQS policy templates and procedures for accredited Birmingham Bank Firms
- Draft Report on Title precedent for Birmingham Bank borrowers
- Draft Anti Money Laundering PolicyTemplate for Birmingham Bank panel firms to consider
- Dealing with Lender Policy Template panel for CQS accredited firms on the Birmingham Bank lender panel
- Buy-to-Let help for Birmingham Bank
- Consent-to-Let help for Birmingham Bank
- Contractor Mortgages with Birmingham Bank
