Common questions asked concerning the Clydesdale Bank Solicitor Panel
from members of the public
On what basis would a firm of solicitors be removed from the Clydesdale Bank approved conveyancing panel?
According to a recent survey report by the solicitors regulator three quarters of solicitor practices had been removed from a lender panel. The most common reasons in order are :
- lack of transactions
- the lawyer is a sole practitioner
- as part of the HSBC panel reduction
- regulatory contact by SRA
- accidental removal. We are not aware of the specific or common criteria for removal by Clydesdale Bank
We are due to exchange on the purchase a house but as a result of damage from the recent storms I have agreed compensation from the seller of £3k approx by way of a reduction in the price. This was going to be dealt with as part of the conveyancing process but my mortgage company Clydesdale Bank will not agree to this. Why was Clydesdale Bank even consulted?
Your lawyer being on the Clydesdale Bank conveyancing panel is duty bound to inform Clydesdale Bank of any changes to the purchase price. If you were to refuse your lawyers to disclose the reduction to Clydesdale Bank then they would have to discontinue acting for you and Clydesdale Bank.
Do banks and building societies provide you with an approved list of solicitors? How do you know who is on the Clydesdale Bank conveyancing panel?
The law firm practices themselves provide us confirmation that they are on the Clydesdale Bank conveyancing panel as opposed to being supplied with a list from Clydesdale Bank directly.
I am purchasing a terraced house and getting a mortgage with Clydesdale Bank. Can I do my own conveyancing?
Leaving aside the complexities and merits of DIY conveyancing you will have to appoint a solicitor on the Clydesdale Bank conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to made in you doing to conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on the Clydesdale Bank conveyancing panel in your location.
Is the case that all CQS (Conveyancing Quality Scheme) solicitors on the Clydesdale Bank conveyancing panel?
A selection of banks and building societies now use the accreditation scheme as the starting point for Panel approval such as HSBC and Santander. CQS membership however gives no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to remain on their panels.
My existing mortgage is with Clydesdale Bank. My uncle retired last week and wants to pay off the mortgage left on the property. After Clydesdale Bank is paid, I want to transfer the property to my mother's name; How long does the process take? Do we need two separate solicitors on the Clydesdale Bank conveyancing panel? I do not intend to live at the property once the Clydesdale Bank mortgage is discharged.
You
will need a solicitor but they need not be on the Clydesdale Bank conveyancing panel.
You will need a solicitor to draw up the transfer and
to deal with the Land Registry formalities. The only thing you need to
consider is that by selling at an undervalue so ask your lawyer about
the implications. There could be an inheritance tax issue if you die
within 7 years of this. There's no capital gains tax for you as it is
your main residence.
It is not clear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date . I have telephoned Clydesdale Bank on numerous occasions and was told they are content with the situation and they would lend. My solicitor - who is on the Clydesdale Bank conveyancing panel- telephoned and was told not they would not lend in accordance with their CML Handbook minimum lease term requirements. Who do I believe?
Your lawyer has to follow the CML Handbook Part 2 requirements for Clydesdale Bank. Unless your lawyer obtains specific confirmation in writing that Clydesdale Bank will go ahead your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask Clydesdale Bank to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.