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HSBC UK Bank Conveyancing Panel: Recently Asked Questions
What can you suggest we do if we wish to lodge an appeal being removed from the
HSBC UK Bank approved solicitor list?
Should you firm be removed from the
HSBC UK Bank conveyancing panel and you are unaware of or disagree with the reasons for your removal you should: (a) Contact
HSBC UK Bank directly. (b) If there is an appeals process detailed on your letter you should follow the process.
In appealing a decision by HSBC UK Bank, it may be useful to provide the following information:
- Full disclosure of your transaction history
- Your COMPLETIONmonitor reports, assuming you use the Lexsure software
- Your recent claims history
- Full details of all staff in your firm and their position.
- Note down if a solicitor has been admitted to the role on completion of the Qualified Lawyers Transfer Test.
- Provide copy practising certificates, the firm's current PII schedule and the firm’s accountant's certificate, setting out what % of the firm's gross fee income is generated from residential conveyancing transactions
It is encouraging that 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 has a healthy attitude towards risk mitigation.
I am hearing that agents are using online checkers to see if a firm is on a lender panel. Why?
Many estate agents will be suffering if their clients start out on the buying process having appointed a conveyancer who is not on the panel with the purchaser’s chosen lender. Many
conveyancing firms are only discovering when they begin working on a
case that they are no longer able to work with that lender. Given
the inevitable resultant delays in the transaction the chances of an
abortive deal increases dramatically. in the circumstances there is
understandable anguish on the part of the estate agent as a result of
the lost time should the client have to change solicitors .
It is possible that HSBC UK Bank could request or audit my files as I am on the
HSBC UK Bank conveyancing panel. Are there any confidentiality issues that I need to consider first?
We can't comment specifically on
HSBC UK 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 borrower 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.
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
HSBC UK Bank conveyancing panel can you tell me how Part 2 changes took place by
HSBC UK Bank during 2013?
During 2013, 0 sections of the UK Finance Lenders’ Handbook P2 were changed by
HSBC UK Bank. Some changes are more important than others but as a firm on the
HSBC UK 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.
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 approved panels including the
HSBC UK Bank conveyancing panel. We have Terms and Conditions of appointment which we have to follow. Am I supposed to mention 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
HSBC UK 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 completing the answer.
If my application is successful will Conveyancing Quality Scheme accreditation secure my firm’s acceptance on to lenders conveyancing panels?
The Law Society’s 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 join their approved list of firms. A number of Lenders now use the scheme as the starting point for Panel approval as is the case with Astra Mortgages.
My firm is listed on the
HSBC UK Bank
conveyancing panel and due to complete a remortgage within the next few weeks. I can not locate a Mortgage Deed for the client to execute.
Who do I contact at HSBC UK Bank to request substitute deeds?
You need to get in touch with HSBC UK Bank
to obtain standard documents. The The Council of Mortgage Lenders Handbook includes an express inquiry for banks to reveal who to contact to obtain standard documents.
HSBC UK Bank in their Part 2’s state:
Please remember to disclose the firm’s HSBC UK Bank conveyancing panel number.
Find a Lawyer on the HSBC UK Bank Conveyancing Panel
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Average number of days to register title including a charge in favour of HSBC UK Bank
This information relates to purchase only and not remortgages.
| Year | Days* |
|---|---|
| 2025 | 43.7 |
| 2024 | [no data] |
| 2023 | [no data] |
| 2022 | [no data] |
| 2021 | [no data] |
| 2020 | [no data] |
* Data aggregated from sources including COMPLETIONmonitor
Other related topics:
- CQS policy templates and procedures for accredited HSBC UK Bank Firms
- Draft Report on Title precedent for HSBC UK Bank borrowers
- Draft Anti Money Laundering PolicyTemplate for HSBC UK Bank panel firms to consider
- Dealing with Lender Policy Template panel for CQS accredited firms on the HSBC UK Bank lender panel
- Buy-to-Let help for HSBC UK Bank
- Consent-to-Let help for HSBC UK Bank
- Contractor Mortgages with HSBC UK Bank
