Danske Bank Conveyancing Panel Information

The answer to this question really depends on the reason that your firm has been removed off the Danske Bank conveyancing panel. The top 3 reasons are as follows:

1. lack of transactions
2. the lawyer is a sole practitioner
3. as part of the HSBC panel reduction.

In these three circumstances it is unlikely that you would expected to take any action. Disclosure and other compliance considerations are more likely to be relevant if the reason for removal is due to breaches of lender requirements or allegations of fraud or negligence. Whether the reasoning should trigger a disclosable 'material' breach will depend on the firm and the circumstances around possible failures to comply with the SRA Authorisation Rules, and the SRA will judge each case on its own merits. Factors such as the detriment or risk of detriment to clients, the scale of the issue and overall impact on the firm will need to be considered in deciding whether a failure is 'material'. As the COLP you will need systems to identify patterns of breaches. Even if you don't consider there to be regulatory implications the firms COFA should give some thought to whether she/he needs to take any action as result of being removed from the Danske Bank conveyancing panel.

For most lenders participation on the lender's panel of conveyancers is at the absolute discretion of the the lender. Many lenders reserve the right to accept or reject any application without giving any reason. You should check your original application to join the Danske Bank conveyancing panel to see if you are entitled to a reason.

Given that your practice in is on the Danske Bank conveyancing panel and you are acting for 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 Danske Bank are to lend, they may require indemnity insurance. In any event,you will need to check Danske Bank’s specific requirements. Notwithstanding whether Danske Bank will lend in such circumstances you still need to advise the borrower (unless you are acting for Danske Bank alone) as to the risks of buying a property with an insolvent or absentee landlord.

With lenders 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 Danske Bank conveyancing panel but for all mortgage panel listings

It would be advisable to 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 negatively affect your firm’s application but gives the Law Society a complete picture of what has occured.

You need to get in touch with Danske Bank to obtain standard documents. The CML Handbook has a specific question for lenders to enumerate who to contact to obtain standard documents. Danske Bank in their Part 2’s state: Always remember to quote your Danske Bank conveyancing panel reference.