If you do nothing else this weekend, take some time to read the full decision in the matter of Santander UK Appellant and R.A. Legal Solicitors.
Pay particular attention to Lord
Justice Briggs’ comment relating to the assertion that it is common
practice for conveyancers to submit an unqualified certificate of title
when in fact investigations are outstanding.
“To
my mind the pretence that the investigation of title has been completed
when it has not is a method of dealing with that difficulty which
borders on dishonesty. It is nothing to the point that, if subsequently
revealed defects are properly addressed, it causes the lender no loss.
“On the contrary, [RA Legal’s barrister’s] submission that
unqualified certificates are frequently given prematurely involves the
implicit admission that this is done deliberately, rather than by
accident. If so, it simply makes the misconduct all the more serious.”
As
strange as this may seem (and with no disrespect intended), the above
quote reminded me of an interaction between Bart Simpson and Grandpa
Bart: I’ve got a story so scary you’ll wet your pants.
Grandpa: Too late.
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