If so consider the following four points after notifying your insurers :
- Was
the valuation report was negligent? If so, and the valuer has insurance
or assets, bring contribution proceedings against the valuer. - Is
this a no transaction case or a reduced transaction case? Lenders
frequently try to argue the former without any proper regard to the
factual matrix. - It
is always worth remembering to check which practice rule or conduct
rule applies and which version of the Lender’s Handbook is relevant. To
access the relevant Part 2s make use of the LENDERmonitor Litigation Service. The same point can be made in respect of the Conveyancing Handbook, Land Registry leaflets and practice notes. - In
a claim for negligence or breach of contract or even breach of trust
consider if there is a possibility of arguing contributory negligence on the part of the lender. Check if there is an unduly
high loan to value? Has the lender made any enquiries about the
purchaser’s creditworthiness? Was this a self-certified mortgage? Has
the lender followed its own lending criteria?
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