RBS- First Active Conveyancing Panel Information

The information on this page is designed to keep solicitors and licensed conveyancers abreast of latest requirements changes by RBS- First Active and to assist in remaining on the RBS- First Active Approved Solicitor Panel.

RBS- First Active Solicitor Panel: Recently Asked Questions

Do RBS- First Active or the Council of Mortgage Lenders run professional training seminars for the RBS- First Active approved conveyancing panel in much the same way that the Law Society run cases for CQS firms?
The Council of Mortgage Lenders (or the BSA) do not involve themselves in training however they do arrange a number of useful legal related conferences which are attended by firms on the RBS- First Active conveyancing panel. Lexsure intend to run specific lender focused seminars in the coming months including a webinar on RBS- First Active’s Part 2 requirements. Solicitors on the RBS- First Active conveyancing panel are welcome. Further details will be communicated as part of the LENDERmonitor Alerts.

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A recent SRA survey reveals that 76% of solicitors have been removed from a lender conveyancing panel. RBS- First Active and other lenders have restricted their panel over the years. Why?
In operating open conveyancing panels, lenders such as RBS- First Active face a number of fraud and negligence risks. While there is no authoritative source of data on lender exposure to solicitor–led mortgage fraud, anecdotal evidence from lenders indicates exposure on individual cases are often in the millions of pounds. The National Fraud Authority estimates that £1bn per year is lost in mortgage -related frauds in total, which is seen as a conservative estimate.

These risks are exacerbated by the lack of a comprehensive set of data on all conveyancing firms (which, for the avoidance of doubt, would include solicitors and conveyancers across the UK) which is in a readily accessible format. Currently, lenders vet the suitability of their panel firms against a variety of disparate, incomplete and potentially inaccurate sets of information. One top 5 lender pointed out to us that it is almost impossible to track individual fraudsters who move from firm to firm, especially where they are no longer registered or no longer hold a valid practicing certificate.

RBS- First Active and other lenders are in varying stages of reviewing their approach to vetting firms on their conveyancing panels, to ensure their ongoing exposure to unsuitable firms is reduced. There is also regulatory impetus on lenders to ensure that they have satisfactory oversight of their third party panels, including a due-diligence process.

Can you give me an example of some of the reports available via COMPLETIONmonitor to support my appeal to be reinstated on the RBS- First Active solicitor panel?
There are many reports available, five of which are as follows:
  • Number of conveyancing cases by lender
  • Analysis as to the nature of clients (e.g.existing/new/seen in person)
  • Disclosure/Notification to Lender analysis indicating frequency and nature of disclosures - to include benchmarking analysis against aggregate data
  • Average time frame to send deeds to the lender (calculated from completion date or title registration)
  • The percentage of the firm’s business which is conveyancing (broken down into sale/purchase and remortgage)
My firm is on the RBS- First Active conveyancing panel. I am dealing with RBS- First Active mortgage on a purchase. My borrower client is asking not to disclose an issue to RBS- First Active. What do I do in this conflict situation?
When a solicitor is acting for both RBS- First Active 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 RBS- First Active and it may well be prudent you to cease to act for the purchaser as well. You can not tell the RBS- First Active 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 RBS- First Active conveyancing panel status.
My conveyancing assistant has left my firm 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 RBS- First Active once the charge is registered before my firm runs the risk of being suspended off the conveyancing panel for RBS- First Active?
RBS- First Active 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 RBS- First Active conveyancing panel.
My firm has just been advised that it’s RBS- First Active panel membership terminated but we have not yet been given an explanation yet. I am completing a CQS renewal form what details do I need to report?
In the circumstances please explain on the form what steps you have taken to discover the reasons behind cancellation of your RBS- First Active panel status. In particular please provide details if you have received communications from the lender. E.G. before termination of your panel membership did you receive any letters or calls from the lender informing you as to why they reached this decision?
My firm is listed on the RBS- First Active conveyancing panel and due to complete a remortgage within the next few weeks. My file does not contain a Legal Charge for the client to sign. Who do I contact at RBS- First Active to request substitute deeds?
You need to communicate with RBS- First Active to obtain standard documents. The The Council of Mortgage Lenders Handbook has an individual inquiry for banks to enumerate who to contact to obtain standard documents. RBS- First Active in their Part 2’s state:
Please remember to quote your RBS- First Active solicitors panel reference.

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Average number of days to register title including a charge in favour of RBS- First Active
This information relates to purchase only and not remortgages.
YearDays*
2025 [no data]
2024 [no data]
2023 [no data]
2022 [no data]
2021 [no data]
2020 [no data]
* Data aggregated from sources including COMPLETIONmonitor