Where there is a second or subsequent mortgage it is common for separate solicitors to be instructed to act for the borrower and the lender. The lender's solicitor should broadly follow the steps to be taken in a normal purchase transaction (except that there is no contract), since full enquiries about the property and its title must be made on the lender's behalf to ensure that his loan is properly secured1.
A mortgage may contain a condition prohibiting the borrower from creating further charges over the property without the mortgage lender's consent. In such a case the requisite consent should
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