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approved by RBS- 1st Active

Ready to buy a new home? Failing to check that a lawyer is on the RBS- 1st Active list of approved solicitors can put your transaction at risk of delay or failure.

Find an Approved Solicitor on the The Royal Bank of Scotland plc First Active Conveyancing Panel

Common questions asked concerning the RBS- First Active Conveyancing Panel

What is the rationale as to why all solicitors aren't included on the RBS- First Active Solicitor panel?
Mortgage companies point to the fact that solicitor-led fraud is thought to be responsible for millions of pounds of fraud every year. The removal of law firms off of lender panels started with the rise in mortgage fraud, which prompted a thematic review by the Financial Services Authority in 2011. Its outcome included recommendations for lenders to review their conveyancing panels, which kicked off a major policy change in the sector. It led to banks and building societies purging less reputable firms off their books
My husband and I are refinancing our penthouse with RBS- First Active. We have a son 19 who lives with us. The solicitor on the RBS- First Active conveyancing panel has asked us to disclose any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the apartment is repossessed. I have a couple of concerns (1) Is this document specific to the RBS- First Active conveyancing panel as he did not need to sign this form when we purchased 5 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to RBS- First Active .This is solely used to protect the RBS- First Active if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave.

It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of RBS- First Active had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.

I have checked your search tool I can't find the lawyer I was hoping to instruct as being on the RBS- First Active conveyancing panel. My lawyer has said that they are on the RBS- First Active approved panel. How can I be sure given that they are not listed on your directory?
Not all firms are yet listed on our lender panel search tool which is still relatively new. Law firms are listing on a daily basis and it is probably the case that your lawyer is on the RBS- First Active conveyancing lawyer and you should probably take them at their word. Please do feel free to suggest that they completing their listing on our site as it would only cost them £1 a month to list themselves as being on the RBS- First Active solicitor panel.
I am selling my house. Does my solicitor have to be on the RBS- First Active conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the RBS- First Active conveyancing panel they can still act for you on your sale. it might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently at the moment.
In what circumstances might RBS- First Active amend or withdraw their mortgage offer?
Lenders such as RBS- First Active can revoke their mortgage offer although this rarely happens. should RBS- First Active withdraw their offer they may or may not inform you or the lawyer as to the reasons why. There are many potential reasons but here are a number of examples:
  • A cashback to the buyer, or | part of the price includes a non-cash incentive to the buyer (eg paid stamp duty land tax),or | any indirect incentive (cash or non cash) or rental guarantee, of which the lender was previously unaware
  • Situations where information provided by the borrower that enabled the lender to make a lending decision is fraudulent, incorrect or misleading.
  • Where to proceed with the Mortgage offer would be unlawful
  • Where the lender is on notice of a restriction or a right of pre-emption which is not at market value
  • If the solicitor on the RBS- First Active conveyancing panel acting for the applicant, borrower, mortgagor or guarantor cannot comply with RBS- First Active ‘s instructions
I'm in the process of looking at houses and now considering a potential offer. Is it best to have a conveyancer on ‘stand by’? I I am planning to take a home loan with RBS- First Active
You should start obtaining conveyancing quotes from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their details on the the EA. As you are getting a mortgage with RBS- First Active , ask your prospective lawyers check they are on the RBS- First Active conveyancing panel otherwise they can't do the mortgage legal work.
After shopping around on the internet I have found a solicitor having made sure that they are on the RBS- First Active conveyancing panel. Does my lawyer arrange the survey of the property? Or I've read lots of house buying,I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my solicitor - who is on the RBS- First Active conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
RBS- First Active will need an independent valuation of the property. Your lawyer will not arrange this. Usually RBS- First Active will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller. or Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by postcode. As you are getting a mortgage with RBS- First Active you could contact your them to see if they have a list of approved surveyors.