Scottish Widows Conveyancing Panel Information

As is the case with the Law Society the CLC has entered dialogue with banks and their representative bodies to see whether and how the risks that lenders wish to mitigate could be addressed through the regulatory framework rather than via ad hoc arrangements that can differ from lender to lender. It is likely that that the CLC have been in touch with lenders such as Scottish Widows in recent years.

You might expect Scottish Widows via their Part Two conditions to address this but the Handbook makes no mention on deadlines to send deeds. Do look at the Terms of Scottish Widows’s Conveyancing Panel Appointment that you are bound by. For a number of banks these Terms have a clause 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 Scottish Widows informed. Law firms can often compound their problems by not communicating with the lender when there is a delay or problem.

In order to be on the Scottish Widows conveyancing panel solicitors have to complete an application form and agree Terms and Conditions. A sample of 5 conditions that we see amongst many lenders Terms (but not necessarily Scottish Widows) are as follows:

• To carry out our instructions with reasonable care and skill, ensuring that all employees carrying out mortgage work on our behalf are qualified and competent to do so
• To quote on all communications with us relating to deeds/registration issues, whether by telephone or in writing, the panel number that we provide for each practising address and the mortgage account or application number for the mortgage concerned.
• To forward the title deeds and documents to another solicitor/conveyancer within 24 hours of an instruction from us requiring you to do so. On forwarding the deeds as instructed you will confirm to us that you have done so. Upon receipt of your confirmation, we will release you from all undertakings relating to your holding the title deeds.
• Without prejudice to your obligation to comply in full with the Safeguards provisions in the CML Lenders’ Handbook, to report to us as soon as possible any suspicion that you have about the genuineness of any transaction in any respect.
• If you are a sole practitioner, to arrange for appropriate locum cover from our panel where necessary. Your locum must be a member of the Conveyancing panel.

The majority of lenders do not operate a specific buy to let conveyancing panel but we are hearing about a few that do. We do not know what the position is with Scottish Widows as at todays date. If you're about to receive instructions from a client on a buy to let purchase with a mortgage from Scottish Widows we suggest that you call Scottish Widows to check the position.

In this situation please clarify on the application what steps you have taken to find out the reasons behind cancellation of your Scottish Widows panel membership. In particular please provide details if you have received communications from the lender. E.G. before revocation of your panel membership did you receive any letters or calls from the lender putting you on notice?

You would be advised to get in touch with Scottish Widows to obtain standard documents. The The Council of Mortgage Lenders Handbook includes a specific inquiry for banks to enumerate who to contact to obtain standard documents. Scottish Widows in their Part 2’s state: Please remember to quote your Scottish Widows conveyancing panel number.