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Clydesdale Bank Solicitor Panel: Recently Asked Questions
It is possible that Clydesdale Bank could request or audit my files as I am on the
Clydesdale Bank conveyancing panel. Are there any confidentiality issues that I need to consider first?
We can't comment specifically on
Clydesdale 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 buyer client 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 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.
Do I face suspension off the
Clydesdale Bank conveyancing 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 obligations to address this but the Handbook makes no mention on deadlines to send deeds. Do look at the Terms of
Clydesdale Bank’s Conveyancing Panel Appointment that you previously signed. For many lender's these Terms have 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
Clydesdale Bank updated.
Law firms can often compound their problems by not communicating with the lender when there is a delay or problem.
Do banks such as
Clydesdale Bank operate an independent conveyancing panel for buy to let mortgages?
The majority of lenders do not operate a specific buy to let conveyancing panel but we are hearing about a few that do. We do not know what the position is with
Clydesdale Bank as at todays date. If you're about to receive instructions from a client on a buy to let purchase with a mortgage from
Clydesdale Bank we suggest that you call
Clydesdale Bank to check the position.
My PI renewal application this year contained the following question: ‘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 a number of lender panels including the
Clydesdale Bank conveyancing panel. We have Terms and Conditions of appointment which we are duty bound to comply with. Should I reference 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 firm is on the
Clydesdale Bank conveyancing panel. I am dealing with
Clydesdale Bank mortgage on a purchase. My borrower client is asking not to disclose an issue to
Clydesdale Bank. What do I do in this conflict situation?
When a solicitor is acting for both
Clydesdale 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 Clydesdale Bank
and it may well be prudent you to cease to act for the purchaser as
well. You can not tell the Clydesdale 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 Clydesdale Bank conveyancing
panel status.
Our membership of the
Clydesdale Bank conveyancing panel was suspended but was reinstated on appeal, do I need to disclose these details on my application for CQS accreditation?
It would be advisable to supply 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 application but gives the CQS team viability as to what has gone on.
I am on the
Clydesdale Bank
conveyancing panel and scheduled to complete a remortgage within the next few weeks. I dont have a Legal Charge for the client to sign.
Who do I contact at Clydesdale Bank to request substitute deeds?
You should contact Clydesdale Bank
to obtain standard documents. The CML Handbook contains a specific question for banks to reveal who to contact to obtain standard documents.
Clydesdale Bank in their Part 2’s state:
Please remember to quote your Clydesdale Bank conveyancing panel number.
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 | [no data] |
2024 | [no data] |
2023 | [no data] |
2022 | 48.3 |
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