My requests for redemption statements from mortgagees (see [2007] Gazette, 20 September, 5) always carry the following wording: 'Please note that we will be relying absolutely on your figure to enable us to give the appropriate undertaking to the purchaser's solicitors to discharge the mortgage and will accordingly treat your supplying such figure as your undertaking to provide the appropriate evidence of discharge thereof on receipt of the sum referred to by you.'
I should also mention that, some time ago, I raised this matter with the Council of Mortgage Lenders. However, I am afraid that it adopted the same 'head in the sand' attitude as the Financial Services Authority, indicating that there was nothing it could do.
This is most certainly not 'a problem between two solicitors' as suggested by the authority. It is the much more serious issue of why solicitors should be responsible if the mortgagee gets it wrong. Indeed, it goes to trust, which is being steadily eroded.
Barry Borman, Edgware, Middlesex
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