Friday, 1 February 2013

Are you a conveyancing solicitor facing a claim by a lender ?

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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