| 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 |
||