National Westminster Bank Conveyancing Panel Information

The Council of Mortgage Lender requirements of National Westminster Bank are silent on this. Most mortgage companies address the issue of file retention via their Terms and Conditions where they generally provide that for evidential purposes, the firm must keep the file for at least of 6 years from the date of the mortgage. Data imagining is normally suitable compliance with this requirement. Many lenders point out in that it is the practice of some fraudsters to demand the conveyancing file on completion in order to destroy evidence that may later be used against them. It is therefore important to retain these documents to protect National Westminster Bank’s interest. To be absolutely sure of National Westminster Bank requirements in this regard please check the Terms and Conditions of National Westminster Bank’s conveyancing panel membership.

In operating open conveyancing panels, lenders such as National Westminster 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.

National Westminster 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.

You might expect National Westminster Bank via their Part 2 obligations to address this but the Handbook is silent on time frames. Do look at the Terms of National Westminster Bank’s Conveyancing Panel Appointment that you are bound by. For a number of banks these Terms include a provision such as: ‘To keep us informed of the reasons for any delay in your being able to send the title deeds and documents we require to us within 3 months of completion or evidence of proof of registration within that period. (We will send reminders if the deeds have not been received but will not acknowledge receipt of deeds’ It is imperative to keep National Westminster Bank updated. Law firms can often compound their problems by not communicating with the lender when there is a delay or problem.

National Westminster Bank approved panel lawyers have to comply with the Part II 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 National Westminster Bank require, the deed of covenant on their behalf. You will need to check National Westminster Bank CML Part 2 conditions to see if National Westminster 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 National Westminster Bank conveyancing panel

CQS accreditation gives 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. Some Lenders now use CQS as the starting point for Panel acceptance as is the case with HSBC.

You should communicate with National Westminster Bank to obtain standard documents. The CML Handbook incorporates an individual question for lenders to cite 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 solicitors panel reference.