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 does this work and are there different instructions from Sainsbury's Bank in this situation?
The CML, together with
Sainsbury's Bank and other lenders developed 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 3 of the UK Finance Lenders’ Handbook and are to be read together with Parts 1 & 2.
The CML have published an example requirements letter to the borrower’s lawyer for use by the lender's conveyancer, and sets out to the borrower's conveyancer, the documentary and information requirements of the lender's panel lawyer.
A long standing client of my firm is buying a property for £750k in Leeds requiring a mortgage advance over GBP 450,000.
I am on the
Sainsbury's Bank conveyancing panel but do Sainsbury's Bank have a separate approved panel when the advance is above 400,000?
Lexsure only know of two or three banks that operate a distinct conveyancing panel where the mortgage advance is over a certain level.
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
A recent SRA survey reveals that 76% of
solicitors have been removed from a lender conveyancing panel. Sainsbury's Bank and other lenders have restricted their panel over
the years. Why?
In operating open conveyancing panels, lenders such as Sainsbury's Bank
face a number of fraud and negligence risks. While
there is no authoritative source of data on lender exposure to
solicitor–led mortgage fraud, anecdotal evidence from lenders
indicates exposure on individual cases are often in the millions of
pounds. The National Fraud Authority estimates that £1bn per year is
lost in mortgage -related frauds in total, which is seen as a
conservative estimate.
These risks are exacerbated by the lack of a
comprehensive set of data on all conveyancing firms (which, for the
avoidance of doubt, would include solicitors and conveyancers across
the UK) which is in a readily accessible format. Currently, lenders
vet the suitability of their panel firms against a variety of
disparate, incomplete and potentially inaccurate sets of
information. One top 5 lender pointed out to us that it is almost
impossible to track individual fraudsters who move from firm to firm,
especially where they are no longer registered or no longer hold a
valid practicing certificate.
Sainsbury's Bank and other
lenders are in varying stages of reviewing their approach to vetting
firms on their conveyancing panels, to ensure their ongoing exposure
to unsuitable firms is reduced. There is also regulatory impetus on
lenders to ensure that they have satisfactory oversight of their third
party panels, including a due-diligence process.
In conducting leasehold title investigations do
Sainsbury's Bank panel solicitors have to examine whether there is a missing freeholder?
Given that your firm in is on the
Sainsbury's 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
Sainsbury's Bank are to lend, they may require indemnity insurance. In any event,you will need to check
Sainsbury's Bank’s specific requirements. Notwithstanding whether
Sainsbury's Bank will lend in such circumstances you still need to advise the borrower (unless you are acting for
Sainsbury's Bank alone) as to the risks of buying a property with an insolvent or absentee freeholder.
My firm has just been advised that it’s Sainsbury's Bank panel membership revoked but we have not yet been given a reason as to why.
I am completing a CQS application questionnaire what information do I need to report?
In the circumstances please explain on the form what steps you have taken to find out 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 termination of your panel membership did you receive any letters or calls from the lender informing you as to why they reached this decision?
My firm is listed on the
Sainsbury's Bank
conveyancing panel and due to complete a purchase shortly. My papers do not include a Mortgage Deed for the client to execute.
Who do I contact at Sainsbury's Bank to get a duplicate Deed?
You need to contact Sainsbury's Bank
to obtain standard documents. The CML Handbook incorporates an express question for banks to establish who to contact to obtain standard documents.
Sainsbury's Bank in their Part 2’s state:
Please remember to quote the firm’s Sainsbury's Bank conveyancing panel reference.