National Westminster Bank Conveyancing Panel Information

The information on this page is designed to keep solicitors and licensed conveyancers abreast of latest requirements changes by National Westminster Bank and to assist in remaining on the National Westminster Bank Conveyancing Panel.

National Westminster Bank Conveyancing Panel: Recently Asked Questions

Read More

Is it conceivable that National Westminster Bank will appoint an alternative firm on the National Westminster Bank conveyancing panel for a further advance during the lifetime of a mortgage?
Section 16.2.1 of Part 1 of the Handbook applicable to a solicitor on the National Westminster Bank conveyancing panel reads ‘Our mortgage secures further advances. Consequently, when a further advance is required for alterations or improvements to the property we will not normally instruct a member of our conveyancing panel but if you are instructed the appropriate provisions of this Handbook will apply’.
I understand that National Westminster Bank could request or audit my files as I am on the National Westminster Bank conveyancing panel. How should I respond in the event of such a demand?
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 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 arrears 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.

The firm that I work for is on the National Westminster Bank conveyancing panel. I am dealing with National Westminster Bank mortgage on a purchase. My borrower client is asking not to disclose an issue to National Westminster Bank. What do I do in this conflict situation?
When a solicitor is acting for both National Westminster 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 National Westminster Bank and it may well be prudent you to cease to act for the purchaser as well. You can not tell the National Westminster 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 National Westminster Bank conveyancing panel status.
In carrying out leasehold conveyancing do National Westminster Bank panel solicitors have to consider if there is an absentee freeholder?
On the basis that your firm in is on the National Westminster 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 National Westminster Bank are to lend, they may require indemnity insurance. In any event,you will need to check National Westminster Bank’s specific requirements. Notwithstanding whether National Westminster Bank will lend in such circumstances you still need to advise the borrower (unless you are acting for National Westminster Bank alone) as to the risks of buying a property with an insolvent or absentee freeholder.
Should Conveyancing Quality Scheme membership secure my firm’s acceptance on to lenders conveyancing panels?
CQS accreditation is no guarantee to lender panel acceptance. Nevertheless the Council of Mortgage Lenders have indicated that it is likely to become a prerequisite for firms wishing to remain on their approved list of firms. A number of mortgage companies now use the Conveyancing Quality Scheme accreditation as the starting point for Panel approval as is the case with Santander.
My firm is listed on the National Westminster Bank conveyancing panel and scheduled to complete a remortgage shortly. I dont have a Legal Charge for the client to execute. Who do I contact at National Westminster Bank to get a duplicate Deed?
You would be advised to get in touch with National Westminster Bank to obtain standard documents. The The Council of Mortgage Lenders Handbook has a specific inquiry for lenders to establish who to contact to obtain standard documents. National Westminster Bank in their Part 2’s state:
Please remember to disclose the firm’s National Westminster Bank conveyancing panel number.

Find a Lawyer on the National Westminster Bank Conveyancing Panel

powered by LenderPanel

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.
YearDays*
2024 [no data]
2023 [no data]
2022 [no data]
2021 [no data]
2020 [no data]
2019 51.6
* Data aggregated from sources including COMPLETIONmonitor