000 01602cab a2200241 4500
001 ABS57534
008 090401t1997 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u80464
041 _aeng
245 _aNational Home Loans Corp Plc v Giffen Couch & Archer
260 _c1997
350 _a0
490 _aAll England Law Reports
_v[1997] 3 All ER 808-816(9)
520 _aCA 18 June 1997. The plaintiff, a mortgage lender, offered a married couple a loan secured by a remortgage on the borrower`s property. The defendant, a firm of solicitors, agreed to act for both the plaintiff and the borrowers. The plaintiff sent written instructions to the defendant requiring them to investigate title to the property and the financial circumstances of the borrowers. There was no requirement to report on the state of the account of the existing mortgage. The defendants became aware of arrears on the existing mortgage but did not inform the mortgage lenders. The borrowers became in arrears and the plaintiff, as mortgagees, sold the property. The plaintiff commenced proceedings against the solicitors for breach of duty in failing to reveal information relating to the borrowers. The judge held that the defendants had been negligent and awarded damages to the plaintiff. The defendants appealed. Appeal allowed.
650 _aBREACH OF DUTY
650 _aMORTGAGE LENDERS
650 _aNATIONAL HOME LOANS CORP PLC V GIFFEN COUCH & ARCHER
650 _aNEGLIGENCE
650 _aSOLICITORS
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
948 _c26/08/1997
999 _c50665
_d50665