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TSB Solicitor Panel: Recently Asked Questions
Can my firm register a complaint to the Council of Mortgage Lenders about being excluded from the TSB conveyancing panel?
The Council of Mortgage Lenders is an association rather than a regulator and therefore will not advise on complaints against lenders. You can of course contact Lexsure to see if we can help.
Given my firm’s membership on the TSB conveyancing panel how long am I obliged to keep hold of the complete conveyancing file?
The Council of Mortgage Lender requirements of
TSB are silent on this. Most mortgage companies deal with the question of file retention via their Terms of panel appointment where they generally provide that for evidential purposes, the firm must keep the file for a minimum six 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 TSB’s interest. To be
absolutely sure of TSB requirements in this regard
please check the Terms and Conditions of TSB’s
conveyancing panel acceptance.
Theoretically TSB could request or audit my files as I am on the
TSB conveyancing panel. How should I respond in the event of such a demand?
We can't comment specifically on
TSB. 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 dispute with the lender she 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.
Do lenders such as
TSB engage an independent conveyancing panel for buy to let mortgages?
Most 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
TSB as at todays date. If you're about to receive instructions from a client on a buy to let purchase with a mortgage from
TSB we suggest that you call
TSB to check the position.
My lawyers pass me the odd LENDERmonitor email but I seldom see significant changes. For instance, I am on the
TSB conveyancing panel and receive a notification only advising of a change of address. Why is that of any relevance?
It is important that you take note of such changes because sending a communication or deeds to the wrong address can cause delays that might not only affect your borrower client but also affect your ability to remain on the
TSB conveyancing panel. Lets say that TSB change their requirements as to where their panel firm send the deeds.
Do you update the details in your case management system? Is this recorded anywhere? Is this information passed on to secretaries and assistants? In your Certificate of Title to TSB you are giving assurances that you will forward the deeds within 10 days of receiving the TID. Leaving to one side whether you are technically breaching an undertaking in sending it to the wrong address, you run the risk of
TSB suspending you off the panel because they are not receiving the deeds in accordance with the COT. It will not be a valid excuse to say that you sent it to their old address.
Our firm had their TSB panel membership suspended but we have not yet been given a reason as to why.
I am completing a CQS application questionnaire what information should I disclose?
In the circumstances please clarify on the form what action you have taken to find out the reasons behind cancellation of your
TSB 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 advising you as to their reasons?
Our practice is on the
TSB
conveyancing panel and due to complete a purchase shortly. My papers do not include a Legal Charge for the client to sign.
Who do I contact at TSB to get a duplicate Deed?
You would be advised to contact TSB
to obtain standard documents. The The Council of Mortgage Lenders Handbook contains an individual question for lenders to enumerate who to contact to obtain standard documents.
TSB in their Part 2’s state:
You will need to quote your TSB solicitors panel reference.
Find a Lawyer on the TSB Conveyancing Panel
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Average number of days to register title including a charge in favour of TSB
This information relates to purchase only and not remortgages.
| Year | Days* |
|---|---|
| 2026 | 18.0 |
| 2025 | [no data] |
| 2024 | [no data] |
| 2023 | [no data] |
| 2022 | [no data] |
| 2021 | [no data] |
* Data aggregated from sources including COMPLETIONmonitor
Other related topics:
- CQS policy templates and procedures for accredited TSB Firms
- Draft Report on Title precedent for TSB borrowers
- Draft Anti Money Laundering PolicyTemplate for TSB panel firms to consider
- Dealing with Lender Policy Template panel for CQS accredited firms on the TSB lender panel
- Buy-to-Let help for TSB
- Consent-to-Let help for TSB
- Contractor Mortgages with TSB
