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Lender Claims


ISBN13: 9781847039026
Published: July 2010
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



This new book deals with all types of claims by lenders arising out of property finance transactions. Publication comes at a time when professionals involved in property transactions expect an increase in claims brought against them as lenders seek to recover losses from failed transactions and defaults.

The primary focus of the book is claims brought by lenders against their solicitors, valuers and accountants. It also includes a substantive chapter on claims against borrowers/guarantors, detailing the specific practical and legal issues of this common claim.

  • Deals in turn with claims against solicitors, valuers and accountants, highlighting unique aspects, including risks associated with different types of claim.
  • Considers the specific practical and legal issues of the most common claims brought against borrowers and guarantors
  • Explains important case law from the past decade in almost every area of this subject
  • Covers mortgage possession claims and related subjects such as subrogation and title rectification
  • Discusses damages and interest
  • Features chapters on practice and procedural issues related to lender claims including evidence and limitation
  • Includes timely discussion of sub-prime lending crisis and its likely impact on related case law.

Subjects:
Professional Negligence, Banking and Finance
Contents:
Introduction– dealing with the phenomenon of mortgage fraud and the contemporary back drop.
Mortgage Fraud Claims/Remedies against the borrower/guarantor.
Claims against Solicitors.
Claims against Valuers.
Claims against Accountants.
Damages.
Interest.
Experts.
Limitation.
Contributory Negligence and Contribution.
Practice and Procedure.