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National Westminster Bank Conveyancing Panel: Recently Asked Questions
I am hearing that agents are using online checkers to see if a firm is on a lender panel. Why?
Many estate agents are suffering if their clients start out on the buying process using 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 .
I understand that National Westminster Bank could request or audit my files as I am on the
National Westminster Bank conveyancing panel. What do I do if I receive such a request?
We can't comment specifically on
National Westminster 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 she is in dispute with the lender she 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.
Does my firm face removal off the
National Westminster Bank solicitor panel if I have not sent the deeds on a purchase within a certain period of completion?
You might expect
National Westminster Bank via their Part 2 obligations to address this but the Handbook makes no mention on deadlines to send deeds. You need to look at the Terms of
National Westminster Bank’s Conveyancing Panel Appointment that you previously signed. For a number of banks these Terms include a clause 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
National Westminster Bank informed.
Law firms can often compound their problems by not communicating with the lender when there is a delay or problem.
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 numerous lender panels including the
National Westminster Bank conveyancing panel. We have Terms and Conditions of appointment which we have to follow. Should I reference these Conditions ?
The concern here is if you are expect to enter into ‘more onerous’ conditions that than the Handbook obligations.
You have to try and take an objective view as to whether the Terms relating to the
National Westminster 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.
I read the occasional LENDERmonitor notification but I don't see that many important changes. For example, I am on the
National Westminster Bank conveyancing panel and receive a notification only advising of a change of address. Why is that of any relevance?
It is important that you take note of such changes because sending a communication or deeds to the wrong address can cause delays that might not only affect your borrower client but also affect your ability to remain on the
National Westminster Bank conveyancing panel. Lets say that National Westminster Bank change their requirements as to where their panel firm send the deeds.
Do you update the details in your CMS? Is this recorded anywhere? Is this information passed on to secretaries and assistants? In your Certificate of Title to National Westminster Bank you are giving assurances that you will send the relevant documents within 10 days of receiving the Title Information Document. Leaving to one side whether you are technically breaching an undertaking in sending it to the wrong address, you run the risk of
National Westminster 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 an address that is no longer valid.
Will CQS membership guarantee my firm’s acceptance on to lenders conveyancing panels?
The Law Society’s CQS membership gives 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. Some mortgage companies now use CQS as the starting point for Panel acceptance such as Astra Mortgages.
Our practice is on the
National Westminster Bank
conveyancing panel and all set to complete a purchase within the next few weeks. My file does not contain a Legal Charge for the client to execute.
Who do I contact at National Westminster Bank to obtain duplicate documents?
You should get in touch with National Westminster Bank
to obtain standard documents. The CML Handbook has a specific inquiry for banks to enumerate who to contact to obtain standard documents.
National Westminster Bank in their Part 2’s state:
Always remember to quote the firm’s National Westminster Bank conveyancing panel reference.
Find a Lawyer on the National Westminster Bank Conveyancing Panel
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Average number of days to register title including a charge in favour of National Westminster Bank
This information relates to purchase only and not remortgages.
| Year | Days* |
|---|---|
| 2025 | 21.0 |
| 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 National Westminster Bank Firms
- Draft Report on Title precedent for National Westminster Bank borrowers
- Draft Anti Money Laundering PolicyTemplate for National Westminster Bank panel firms to consider
- Dealing with Lender Policy Template panel for CQS accredited firms on the National Westminster Bank lender panel
- Buy-to-Let help for National Westminster Bank
- Consent-to-Let help for National Westminster Bank
- Contractor Mortgages with National Westminster Bank
