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Rayner you still don't seem to appreciate what has happened here.
It may well be that there was no mortgage on the sellers title. There is nothing in the info we have so far to indicate one way or the other. The sellers solicitors will have seen the title of the property they were dealing with (open title) as will the fraudster. When you get instructions from the seller you write to the sellers mortgage lender ( details on the open register), say you are acting for the seller, ( which the sellers solicitor thought he was) and ask for a redemption statement. On receipt of the buyers funds from the buyers solicitors (MDR) the sellers solicitors then paid off the sellers mortgage ( if there was one) and then sent the balance of the proceeds to his purported client.
MDR acting for the buyers lender failed to get a mortgage on the property, and acting for the buyer, failed to acquire good title to the property.
I am not saying that the result is correct, but undertakings from the sellers solicitor in connection with the sellers mortgage is not on the face of it relevant
In passing I thank anon at 10:15 for his reply to Rayners 09:15 comment on my original 07:36 comment