Thursday, 27 February 2014

Required Reading, With Care...

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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