Anis Waiz, Solicitor and Head of Commercial Litigation at Curtis Law Solicitors, a regular contributor to Today’s Conveyancer, will be speaking at several forthcoming events hosted by MBL. These events will offer practical guidance to conveyancers and solicitors on lender claims.
There has been an increase in claims by Lenders who allege breach of trust when paying out the mortgage advance and MBL Seminars are running these events to highlight the shift in the focus of lenders in claims. Consideration will also be given to whether there is potential relief as trustee under section 61 of the Trustee Act 1925.
The seminar will identify the issues and key facts and will examine the court’s approach in a number of high profile cases (Lloyds TSB PLC v Markandan & Uddin [2012], Davisons (Solicitors) v Nationwide and AIB Group (UK) PLC v Mark Redler & Co [2013].
There will also be a detailed consideration of the recent Court of Appeal case of Santander UK Plc v R.A. Legal Solicitors [2014].
The events are targeted toward residential property lawyers who act for lenders and for solicitors who face potential claims. The events are also suitable for solicitors/insurers in claims arising from lending transactions. The course could also be of interest to practitioners acting for lenders and borrowers in commercial property transactions, whether contentious or non-contentious.
The course offers 3 CPD points and will cover:
– Identifying the various potential claims by lenders
– Understanding the tactical issues arising for breach of trust claims
– Understanding s61 TA1925
– Considering the courts approach in previous cases
– When will the court’s grant relief (if at all)?
– How should lenders/solicitors deal with potential claims?
– Practical issues and issues of risk in a potential mortgage fraud scenario
For full details of the dates and locations of the seminars visit the MBL Seminars website here
