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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.
Looking for information about your firm's panel status?
How does my firm apply to be on the The Royal Bank of Scotland plc First Active Conveyancing Panel? How can my firm be reinstated onto the The Royal Bank of Scotland plc First Active Conveyancing Panel?Find an Approved Solicitor on the The Royal Bank of Scotland plc First Active Conveyancing Panel
Frequently asked questions relating to the RBS- First Active Conveyancing Panel
Can you please explain the reason why all property lawyers aren't included on the RBS- First Active Solicitor panel?
Before the recession most lenders had an appetite for risk which was higher than today. The Financial Services Authority in 2010 conducted a thematic review into mortgage fraud which concluded: know the conveyancing solicitors that you are dealing with. Consequently, lenders have regularly sought more information from law firms about their operations and the individuals who work for them and set certain criteria such a completing on a minimum number of transactions. Many firms that have been excluded from lender panels have 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Such firms were never going to meet the criteria of volume of transactions the lenders required.
My solicitor has spotted a difference when comparing the surveyor’s assumptions in RBS- First Active’s home valuation report and what is in the conveyancing documents. My lawyer informs me that as he is on the RBS- First Active conveyancing panel he needs to ensure that the bank is OK with this discrepancy and is still content to lend. Is my conveyancer’s approach correct?
A precondition to being on the RBS- First Active approved panel is to comply with the CML Handbook requirements (last updated for this lender on RBS- First Active) which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
What tools are available to find a local solicitor on the RBS- First Active conveyancing panel? I have a car and am prepared to travel up to 25 kilometers to meet the lawyer.
Feel free to make use of the find a conveyancing panel tool on this page. Please choose the lender and your location and you will see a number of lawyer located nearest you. Alternatively you can type in the name of your proposed law firm and see if they are listed as being on the RBS- First Active solicitor panel.
The solicitors that I recently instructed on my house acquisition in Hendon has suddenly shut down. They were on acting for me because I had to have a lawyer on the RBS- First Active conveyancing panel and my preferred lawyer was not. I gave my credit card details for them to take £175 for searches. What do I do now?
If you have an estate agent involved then let them know straight away so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the RBS- First Active conveyancing panel and notify the lender. If you have paid over any money it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers should be in a position to help
In what circumstances might RBS- First Active amend or withdraw their mortgage offer?
Banks and Building Societies such as RBS- First Active can revoke their mortgage offer although this is unusual. In the unlikely event that RBS- First Active withdraw their offer they may or may not inform you or the lawyer as to their reasoning. There are various possible reasons but here are a few examples:
- Many mortgage offers have an expiry date. Your lawyer should check this. RBS- First Active may amend or withdraw an offer before the end of its validation period if an offer extension is requested and following a re-evaluation of the property the value of the security is below a level which is acceptable to them.
- If the borrower informs RBS- First Active of a change in security address
- If the borrower informs RBS- First Active of a change in the loan amount agreed
- Where the purchase price and borrowers direct contribution differ to details on the mortgage application form completed by the borrower
- If the lender reasonably suspects that the applicant, borrower, mortgagor or guarantor is involved in any criminal or fraudulent activity, including trading in illegal drugs or other substances, theft, robbery, deception or other serious offences, or if the applicant borrower, mortgagor or guarantor has a conviction for any serious criminal offence, including theft, deception, fraud, robbery or trade in illegal drugs or other substances;
I have had an offer accepted on a flat I spoke to a lawyer previously used by my dad and he suggested using a property lawyers approved by RBS- First Active. The estate agent recommended two local firms so I asked RBS- First Active if the 2 suggested solicitors are approved, which they are not. RBS- First Active pointed out that either firm can fill out the appropriate forms to become approved. Do I (1) save myself the aggravation and use one of RBS- First Active 's conveyancing panel solicitors (2) Use the local solicitor and accept there may be delays etc as they go through the approval process.
Enquire of RBS- First Active to suggest a law firm in your location. Lenders have them all over the country. You can also use our search tool at the top of this page to search for a lawyer on the RBS- First Active conveyancing panel based on location. If you particularly like the sound of one of the local lawyers that you have spoken to ask them if they would go onto RBS- First Active conveyancing panel as it may only take about 2-3 weeks. As long as they meet RBS- First Active’s requirements it can be a very simple job for the solicitor. Other stuff will be going on in parallel (as you are at an early stage) so it may not delay matters.
I have instructed a lawyer having made sure that they are on the RBS- First Active conveyancing panel. Does my lawyer arrange the survey of the property?
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I've digested plenty of mortgage guides,I note that it is considered advisable to 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.
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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.
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