Nedbank Conveyancing Panel Information

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

Nedbank Solicitor Panel: Recently Asked Questions

Am I obliged, being on the Nedbank conveyancing panel, to carry out a Lawyer Checker Search, an HS2 search?
Nedbank make no specific obligation to carry out any of the searches listed. The UK Finance Lenders’ Handbook simply states that ‘you must ensure that any other searches which may be appropriate to the particular property, taking into account its locality and other features are carried out’.

Remember that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Nedbank are concerned if they are ‘appropriate’. Most lenders will not require environmental searches (you should Check Part 2 of UK Finance Lenders’ Handbook to be sure), but you are obliged to explain risks and availability to the borrower.

Ground stability, Plansearch,flood searches as well as the searches listed in the question are optional – but only to the extent that you have allowed the borrower client to make an informed choice. Regardless of whether there is a mortgage, If you have not advised the client that these (and other) searches are available and what risks they cover, then you will be liable if the client suffers loss through not conducting one. Is this covered within your Terms of Engagement or Report on Title?

One search supplier lists over 72 property searches – do you know what all of them are and when they may be relevant? If you are unsure as to which searches are appropriate based on location contact your search provider or call one of the leading search companies such as STL.

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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 conveyancing process having appointed a solicitor 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 lawyers.
An established client of mine is purchasing a detached house for £800,000 in Bristol with a mortgage over GBP 410k. I am on the Nedbank conveyancing panel but do Nedbank have a separate approved panel when a mortgage is above 350k?
Lexsure only know of two or three banks that operate a distinct approved solicitors panel where the mortgage advance is over a certain level. You should nevertheless check directly with Nedbank. At one stage HSBC would only allow Sole practitioners to act for them where the mortgage was below £150,000. We are not sure if HSBC still operate such a condition. In your case it is best to check with Nedbank
Theoretically Nedbank could request or audit my files as I am on the Nedbank conveyancing panel. How should I respond in the event of such a demand?
We can't comment specifically on Nedbank. 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 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.

I am a sole practitioner firm on the Nedbank conveyancing panel. How can we advertise our firm as conducting conveyancing in Hendon on the Nedbank panel?
6 consumers search for a conveyancer on the Nedbank panel on a monthly basis in Hendon. The lenderpanel directory service team who will show you how your firm can be identified by those searching for conveyancing in Hendon.
Our firm had their Nedbank panel membership terminated but we have not yet been given a reason as to why. I am completing a CQS renewal form what details do I need to disclose?
In the circumstances please explain on the application what steps you have taken to discover the reasons behind cancellation of your Nedbank panel status. In particular please provide details if you have received communications from the lender. E.G. before cessation of your panel membership did you receive any letters or calls from the lender putting you on notice?
I am on the Nedbank conveyancing panel and due to complete a purchase within the next few weeks. I dont have a Mortgage Deed for the client to sign. Who do I contact at Nedbank to get a duplicate Deed?
You need to get in touch with Nedbank to obtain standard documents. The The Council of Mortgage Lenders Handbook has an explicit question for banks to set out who to contact to obtain standard documents. Nedbank in their Part 2’s state:
It is likely that you will need to quote your Nedbank conveyancing panel number.

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Average number of days to register title including a charge in favour of Nedbank
This information relates to purchase only and not remortgages.
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* Data aggregated from sources including COMPLETIONmonitor