On the matter of when a creditor mortgagee who is put on inquiry will have constructive notice of a surety's rights1, case-law, which mainly involves a debtor husband and a surety wife, establishes that:
(1) it is not, in general, enough that the mortgagee knows merely that the surety has a solicitor acting for her: that would not normally be sufficient to constitute the taking of reasonable steps to ensure that the nature of the risks to her arising out of the transaction have been made clear to her2;
(2) on the other hand, in the absence of special
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