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Clydesdale Bank Conveyancing Panel: Recently Asked Questions
Clydesdale Bank has instructed me to act for them alone on a residential conveyancing transaction , using the CML Lender’s Handbook. The borrower has his own solicitor (not on the
Clydesdale Bank conveyancing panel) How will this operate and are there different instructions from Clydesdale Bank in this circumstance?
The Council of Mortgage Lenders, together with
Clydesdale Bank and other members created a standard set of requirements where a solicitor is representing a lender such as Clydesdale Bank alone in a residential conveyancing matter.
These obligations are contained at Part 3 of the UK Finance Lenders’ Handbook and are to be read together with Sections One and Two.
The CML have published an example requirements letter to the borrower’s conveyancing solicitor for adaptation by the lender's conveyancer, and sets out to the borrower's conveyancer, the documentary and information requirements of the lender's panel solicitor.
Given my firm’s membership on the Clydesdale Bank conveyancing panel how long am I obliged to keep hold of the original conveyancing file?
The CML Part II requirements of
Clydesdale Bank are silent on this. Most mortgage companies deal with the issue of file retention via their Terms and Conditions where they generally provide that for evidential purposes, the firm must keep the file for a minimum six 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 Clydesdale Bank’s interest. To be
absolutely sure of Clydesdale Bank requirements in this regard
please check the Terms and Conditions of Clydesdale Bank’s
conveyancing panel acceptance.
Do I face being suspended off the
Clydesdale Bank solicitor panel if I have not sent the title deed on a purchase within a certain time frame from draw-down of funds?
You might expect
Clydesdale Bank via their Part Two requirements to address this but the Handbook is silent on time frames. You need to look at the Terms of
Clydesdale Bank’s Conveyancing Panel Appointment that you are bound by. For many lender's 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 important to keep
Clydesdale Bank updated.
Law firms can often compound their problems by not communicating with the lender when there is a delay or problem.
I noticed the following question on my PI renewal form this year ‘Has your Firm been asked by a lender to agree to more onerous terms and conditions than provided for in the UK Finance Lenders’ Handbook?’ My firm is on numerous bank panels including the
Clydesdale Bank conveyancing panel. We have Terms and Conditions of appointment which we are duty bound to comply with. Do I disclose these these Terms ?
The key here is the caveat ‘more onerous’.
You have to try and take an objective view as to whether the Terms relating to the
Clydesdale Bank conveyancing appointment (or other terms for other lenders) are ‘more onerous’ than the UK Finance Lenders’ Handbook Conditions. Depending on the Terms you may need to provide details on your renewal form. If you are in any doubt please call your broker to discuss before moving forward on this question.
My lawyers pass me the odd LENDERmonitor notification but I seldom see significant changes. For instance, My firm on the
Clydesdale Bank conveyancing panel and get an alerts simply telling me a change of address. Does that matter?
Yes it does matter because sending a communication or deeds to the wrong address can cause delays that might not only affect your borrower client but also impact your chances of staying on the
Clydesdale Bank conveyancing panel. Is possible next month that Clydesdale Bank change their requirements as to where the post completion documents should be sent.
Do you change the details in your CMS? Do you make a note? Is this information passed on to secretaries and assistants? In your Certificate of Title to Clydesdale Bank you are giving assurances that you will send the deeds within 10 days of receiving the TID. Putting to one side the academic question as to whether you are in breach of an undertaking in sending it to the wrong address, you run the risk of
Clydesdale Bank suspending you off the panel because they are not receiving the deeds in accordance with the COT. It will not be a valid excuse to say that you sent it to their old address.
Our membership of the
Clydesdale Bank conveyancing panel was terminated but was reinstated on appeal, do I need to disclose this information on my application for CQS accreditation?
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 adversely impact your firm’s application but gives the CQS team a complete picture of what has gone on.
I am on the
Clydesdale Bank
conveyancing panel and all set to complete a purchase within the next few weeks. I dont have a Legal Charge for the client to execute.
Who do I contact at Clydesdale Bank to obtain duplicate documents?
You need to get in touch with Clydesdale Bank
to obtain standard documents. The The Council of Mortgage Lenders Handbook contains an express inquiry for lenders to reveal who to contact to obtain standard documents.
Clydesdale Bank in their Part 2’s state:
Please remember to quote your Clydesdale Bank solicitors panel reference.
Find a Lawyer on the Clydesdale Bank Conveyancing Panel
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Average number of days to register title including a charge in favour of Clydesdale Bank
This information relates to purchase only and not remortgages.
| Year | Days* |
|---|---|
| 2025 | 57.5 |
| 2024 | [no data] |
| 2023 | [no data] |
| 2022 | 49.9 |
| 2021 | [no data] |
| 2020 | [no data] |
* Data aggregated from sources including COMPLETIONmonitor
Other related topics:
- CQS policy templates and procedures for accredited Clydesdale Bank Firms
- Draft Report on Title precedent for Clydesdale Bank borrowers
- Draft Anti Money Laundering PolicyTemplate for Clydesdale Bank panel firms to consider
- Dealing with Lender Policy Template panel for CQS accredited firms on the Clydesdale Bank lender panel
- Buy-to-Let help for Clydesdale Bank
- Consent-to-Let help for Clydesdale Bank
- Contractor Mortgages with Clydesdale Bank
