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@Claire Newton Commented on: 2 February 2017 15:38 GMT:
'..I've read a bit of the case. The seller had no mortgage to redeem. The conversation below on requisitions and the seller's undertakings to redeem is irrelevant.

If there were a mortgage to redeem, i wonder if the fraudster would have chosen this house to sell..."

Thanks for that Claire. Is this an old fashioned case then where someone simply made an error at MDR, hit the button (its all point and click now after all)?

What I think worries me if that is the case is that if as seems to be the case then, the purchaser's Mortagees don't have the protection of their Solicitor having to sign for advance of the Mortgage monies?:

Does not The Law Society and Council of Mortgage Lenders Approved Certificate for Mortgage Monies mean some basic checks should be undertaken on my behalf (without any (Expressed or Implied) Trust necessary)?

Do not these terms define the retainer between my Solicitor and I?

I re-paste them:


....(1) If so instructed, we have checked the identity of the Borrower (and anyone else required to sign the mortgage deed or other document connected with the mortgage) by reference to the document or documents precisely
specified in writing by you.

(2) Except as otherwise disclosed to you in writing:

....(i) we have investigated the title to the Property, we are not aware of any other financial charges secured on the Property which will affect the Property after completion of the mortgage and, upon completion of the mortgage, both you and the mortgagor (whose identity has been checked in accordance with paragraph (1) above) will have a good and marketable title to the Property and to appurtenant rights free from prior mortgages or charges and from onerous encumbrances which title will be registered with absolute title;

....(ii) we have compared the extent of the Property shown on any plan provided by you against relevant plans in the title deeds and/or the description of the Property in any valuation which you have supplied to us, and in our opinion there are no material discrepancies;

....(vii) if the Property is to be purchased by the Borrower:

(a) the contract for sale provides for vacant possession on completion;

(b) the seller has owned or been the registered owner of the Property for not less than six months; ..."

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