Sainsbury's Bank Conveyancing Panel Information

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

Sainsbury's Bank Solicitor Panel: Recently Asked Questions

Sainsbury's Bank has instructed me to act for them alone on a residential conveyancing matter , using the CML Lender’s Handbook. The borrower has his own solicitor (not on the Sainsbury's Bank conveyancing panel) How will this operate and are there different instructions from Sainsbury's Bank in this case?
The Council of Mortgage Lenders, along with Sainsbury's Bank and other lenders created a standard set of requirements where a solicitor is acting for a lender such as Sainsbury's Bank alone in a residential conveyancing matter. These requirements are contained at Part Three of the UK Finance Lenders’ Handbook and are to be followed in conjunction with Parts 1 & 2. The CML have published an example requirements letter to the borrower’s conveyancer for adaptation by the lender's conveyancer, and sets out to the borrower's conveyancer, the documentary and information requirements of the lender's panel conveyancer.

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What can you suggest we do if we wish to challenge being removed from the Sainsbury's Bank conveyancing panel?
If you are removed from the Sainsbury's Bank conveyancing panel and you are unaware of or disagree with the reasons for your removal you should: (a) Contact Sainsbury's Bank directly. (b) If there is an appeals process detailed on your letter you should follow the process.

In appealing a decision by Sainsbury's Bank, it may be useful to provide the following information:

  • Comprehensive account of your firm’s conveyancing history
  • A copy of your COMPLETIONmonitor reports if you use that service
  • Your recent claims history
  • Full details of all employees in your practice and their position.
  • Note down if a solicitor has been admitted to the role on completion of the Qualified Lawyers Transfer Test.
  • Forward duplicate practising certificates, the firm's current PII schedule and your accountant's certificate, summarising the percentage of the firm's gross fee income is resulting from residential conveyancing transactions

On appeal 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. The 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 is well risk-managed.

An established client of mine is buying a detached house for £800,000 in Leeds with a mortgage over GBP 450,000. I am on the Sainsbury's Bank conveyancing panel but do Sainsbury's Bank have a separate approved panel when a mortgage is above 350k?
Lexsure only know of a couple of banks that operate a separate approved solicitors panel where the mortgage advance is over a certain amount. You should nevertheless check directly with Sainsbury's Bank. 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 Sainsbury's Bank
I understand that Sainsbury's Bank could request or audit my files as I am on the Sainsbury's Bank conveyancing panel. Are there any confidentiality issues that I need to consider first?
We can't comment specifically on Sainsbury's 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 arrears 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.

Where can I find the Sainsbury's Bank conveyancing panel requirements in respect of Transfer of Equity Conveyancing?
Sainsbury's Bank approved solicitors are bound by the UK Finance Lenders’ Handbook instructions relating to Transfer of Equity. These are set out in Section 16.3. First, your firm must approve the form of Transfer of Equity (which should be in the Land Registry's standard form) and, if Sainsbury's Bank require, the deed of covenant on their behalf. You will need to check Sainsbury's Bank CML Part 2 conditions to see if Sainsbury's Bank have standard forms of transfer and deed of covenant. Please note that this requirement can change from one transaction to another so do check! Second,When drafting or approving a transfer, you should bear in mind that: although the transfer should state that it is subject to the mortgage (identified by date and parties), it need give no details of the terms of the mortgage; the transfer need not state the amount of the mortgage debt. If it does, the figure should include both principal and interest at the date of completion, which you must check ; there should be no statement that all interest has been paid to date. Further obligations are set out in the UK Finance Lenders’ Handbook which have to be followed by all firms on the Sainsbury's Bank conveyancing panel
Our firm had their Sainsbury's Bank panel membership terminated but we have not yet been given an explanation yet. I am completing a CQS renewal questionnaire what information should I report?
In this situation please explain on the application what action you have taken to discover the reasons behind cancellation of your Sainsbury's Bank 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?
Our practice is on the Sainsbury's Bank conveyancing panel and all set to complete a remortgage within the next week. My papers do not include a Legal Charge for the client to sign. Who do I contact at Sainsbury's Bank to obtain duplicate documents?
You should get in touch with Sainsbury's Bank to obtain standard documents. The The Council of Mortgage Lenders Handbook includes an express question for lenders to establish who to contact to obtain standard documents. Sainsbury's Bank in their Part 2’s state:
Please remember to disclose the firm’s Sainsbury's Bank solicitors panel reference.

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