Looking for information about your firm's panel status?
Birmingham Bank Solicitor Panel: Recently Asked Questions
What can you suggest we do if we wish to appeal being removed from the
Birmingham Bank approved solicitor list?
If you are removed from the
Birmingham Bank conveyancing panel and you are unaware of or disagree with the reasons for your removal you should: (a) Contact
Birmingham Bank directly. (b) If there is an appeals process detailed on your letter you should follow the process.
In appealing a decision by Birmingham Bank, it may be useful to provide the following information:
- Comprehensive account of your conveyancing history
- Your COMPLETIONmonitor reports, assuming you use the Lexsure software
- Your recent claims history
- Full details of all employees in your practice and their position.
- Note down if a solicitor has been admitted to the role on completion of the Qualified Lawyers Transfer Test.
- Forward copy practising certificates, the firm's current PII schedule and the firm’s accountant's certificate, summarising what % of the firm's gross fee income is resulting from residential conveyancing transactions
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. 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’.
I recently attended a seminar arranged via my PI broker where it was mentioned that solicitors are being sued for non-compliance with Part 2 requirements . I am on the
Birmingham Bank conveyancing panel can you tell me how Part 2 changes took place by
Birmingham Bank during 2013?
During 2013, 0 sections of the UK Finance Lenders’ Handbook P2 were changed by
Birmingham Bank. Some changes are more important than others but as a firm on the
Birmingham Bank conveyancing panel you are of course obliged to comply with individual lender requirements, as set out in Part II of the UK Finance Lenders’ Handbook. Locktons have recently pointed out in an article that non-compliance with Part 2 requirements account for a number of high value claims, and it is therefore important to be aware of any particularly onerous terms that an individual lender may impose.
Remember: CML requirements are not guidelines; they are the lender client’s instructions.
My firm is on the
Birmingham Bank conveyancing panel. I am dealing with
Birmingham Bank mortgage on a purchase. My borrower client is asking not to disclose an issue to
Birmingham Bank. What do I do in this conflict situation?
When a solicitor is acting for both
Birmingham Bank and borrower there is potential for conflicts
to arise. You owe duties to both clients. All information received by
you from your client is confidential and cannot be disclosed without
the client’s consent. In the situation you find yourself in if the
purchaser will not consent to the information being passed on to the
lender the solicitor must cease to act for the Birmingham Bank
and it may well be prudent you to cease to act for the purchaser as
well. You can not tell the Birmingham Bank the reason for
termination of the retainer over and above the fact that a conflict
has arisen. The fact that you can no longer act should alert even the
most somnambulistic of lenders that something is wrong with the
borrower and/or purchase. The fact that you have disinstructed
yourself should not affect your Birmingham Bank conveyancing
panel status.
When in comes to leasehold conveyancing do
Birmingham Bank conveyancing panel lawyers need to examine whether there is an insolvent landlord?
On the basis that your practice in is on the
Birmingham Bank conveyancing panel and you are representing them in relation to a leasehold property, you must report to them if it becomes apparent that the landlord is either absent or insolvent. If
Birmingham Bank are to lend, they may require indemnity insurance. In any event,you will need to check
Birmingham Bank’s specific requirements. Notwithstanding whether
Birmingham Bank will lend in such circumstances you still need to advise the borrower (unless you are acting for
Birmingham Bank alone) as to the risks of buying a property with an insolvent or absentee freeholder.
My post-completion clerk 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
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.
If my application is successful will CQS accreditation 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 remain on their approved list of firms. Some mortgage companies now use CQS as the starting point for Panel membership such as HSBC.
My firm is listed on the
Birmingham Bank
conveyancing panel and scheduled to complete a purchase within the next few weeks. My file does not contain a Legal Charge for the client to sign.
Who do I contact at Birmingham Bank to request substitute deeds?
You should communicate with Birmingham Bank
to obtain standard documents. The The Council of Mortgage Lenders Handbook contains a specific inquiry for lenders to cite who to contact to obtain standard documents.
Birmingham Bank in their Part 2’s state:
Always remember to disclose your Birmingham Bank solicitors panel number.
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* |
|---|---|
| 2026 | [no data] |
| 2025 | [no data] |
| 2024 | [no data] |
| 2023 | [no data] |
| 2022 | [no data] |
| 2021 | [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
