Mortgage Due Diligence

Anyone can lend money out, but the test of diligence is in recovering it undiminished. Mortgage enforcement is one of the primary focuses of our practice, our daily exposure to the twists and turns of contested mortgages constantly hones our skills and provides us with a knowledge-base for advising clients on mortgage due diligence procedures.

Recent decisions under the Contracts Review Act and the National Credit Code cases have found that failure of a lender to adhere to its own procedures can result in the loan being found unjust. Moreover, recent valuation decisions have found that lenders will be punished severely in the calculation of contributory negligence if they breach their own procedures. Bransgroves can help identify what procedures will genuinely assist in loss prevention while at the same time ensuring the lender is not set up to lose a challenge mounted under the Contracts Review Act and the National Credit Code or s137BCompetition and Consumer Act 2010 or in proceedings against valuers.

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