Allied Irish Bank Conveyancing Panel Information

This not something that the CML would traditionally get involved with however they do organise a number of useful legal related conferences which are attended by firms on the Allied Irish Bank conveyancing panel. We do intend to run specific lender focused seminars in the coming months including a webinar on Allied Irish Bank’s Part 2 requirements. Practitioners on the Allied Irish Bank conveyancing panel are welcome. Further details will be communicated as part of the LENDERmonitor Alerts.

Paragraph 16.2.1 of the UK Finance Lenders’ Handbook applicable to a solicitor on the Allied Irish 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’.

We can't comment specifically on Allied Irish 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 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.

The best placed professionals to answer this question are your insurance brokers. The chances are that on the basis that you have not been removed for fraud or negligence reasons that there will be little or no impact. The main reason why a firm would be removed off of a lender panel is due to low volume of conveyancing cases although there may be a number of criteria for Allied Irish Bank solicitor panel membership. Please remember that it is always important that you complete your insurance forms accurately.

You would be advised to communicate with Allied Irish Bank to obtain standard documents. The CML Handbook has a specific question for banks to establish who to contact to obtain standard documents. Allied Irish Bank in their Part 2’s state: It is likely that you will need to disclose your Allied Irish Bank conveyancing panel number.