VALUERS' AND SOLICITORS' REPORTS. 4.1 Not more than six months (or such longer period as would be acceptable to a Reasonable, Prudent Mortgage Lender) prior to the grant of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan) the Seller received a Valuation Report on the relevant Property (or such other form of report concerning the valuation of the relevant Property as would be acceptable to a Reasonable, Prudent Mortgage Lender), the contents of which were such as would be acceptable to a Reasonable, Prudent Mortgage Lender. 4.2 Prior to the taking of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan), the Seller: (a) instructed the Seller's solicitor or licensed or qualified conveyancer: (i) to carry out an investigation of title to the relevant Property and to undertake such other searches, investigations, enquiries and other actions on behalf of the Seller as are set out in the General Instructions to Solicitors or the Lenders' Handbook contained in the Standard Documentation (or other comparable or successor instructions and/or guidelines as may for the time being be in place), subject only to such variations as would be acceptable to a Reasonable, Prudent Mortgage Lender; or (ii) in the case of a re-mortgage to carry out a more limited form of investigation of title for the relevant Property (including, in the case of Registered Land or any land in Scotland, confirming that the Borrower is the registered proprietor of the Property and that the description of the Property corresponds with the entries on the relevant register at the Land Registry, the Land Registry of Northern Ireland or the Registers of Scotland, as applicable) and to confirm all other matters as would be required by a Reasonable, Prudent Mortgage Lender; and (b) received a Certificate of Title from the solicitor or licensed or qualified conveyancer referred to in Representation and Warranty 4.2(a) relating to such Property the contents of which were such as would be acceptable to a Reasonable, Prudent Mortgage Lender. 4.3 The benefit of each Valuation Report, any other valuation report referred to in Representation and Warranty 4.1 (if any) and each Certificate of Title can be validly assigned to the LLP without obtaining the consent of the relevant valuer, insurer, solicitor or licensed or qualified conveyancer. 4.4 Each solicitor or licensed or qualified conveyancer has complied with the instructions referred to in Representation and Warranty 4.2(a).
Appears in 7 contracts
Samples: Mortgage Sale Agreement, Mortgage Sale Agreement, Mortgage Sale Agreement
VALUERS' AND SOLICITORS' REPORTS. 4.1 Not more than six months (or such longer period as would may be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender) prior to the grant of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan) the Seller received a Valuation Report on the relevant Property (or such other form of report concerning the valuation of the relevant Property as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender), the contents of which were such as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender. The principal amount of the Initial Advance advanced to then existing Borrowers of the Seller (including any retention(s) subsequently advanced to the Borrower but disregarding Capitalised Expenses) is not more than 95 per cent. of the lower of the purchase price and the appraised value.
4.2 Prior to the taking of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan), the Seller:
(a) instructed the Seller's solicitor or licensed or qualified conveyancer:
(i) to carry out an investigation of title to the relevant Property and to undertake such other searches, investigations, enquiries and other actions on behalf of the Seller as are set out in the General Instructions to Solicitors or the Lenders' Handbook contained in the Standard Documentation (or other comparable or successor instructions and/or guidelines as may for the time being be in place), subject only to such variations as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender; or
(ii) in the case of a re-mortgage to carry out a more limited form of investigation of title for the relevant Property (including, in the case of Registered Land or any land in ScotlandLand, confirming that the Borrower is the registered proprietor of the Property and that the description of the Property corresponds with the entries on the relevant register at the Land Registry, the Land Registry of Northern Ireland or the Registers of Scotland, as applicable) and to confirm all other matters as would be required by a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender; and
(b) received a Certificate of Title from the solicitor or licensed or qualified conveyancer referred to in Representation and Warranty 4.2(aparagraph (a) relating to such Property the contents of which were such as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender.
4.3 The benefit of each all Valuation ReportReports, any other valuation report referred to in Representation paragraph 4.1 and Warranty 4.1 (if any) and each Certificate Certificates of Title can be validly assigned to the LLP Mortgages Trustee without obtaining the consent of the relevant valuer, insurerInsurer, solicitor or licensed or qualified conveyancer.
4.4 Each solicitor or licensed or qualified conveyancer has complied with the instructions referred to in Representation and Warranty paragraph 4.2(a).
Appears in 4 contracts
Samples: Mortgage Sale Agreement, Mortgage Sale Agreement, Mortgage Sale Agreement
VALUERS' AND SOLICITORS' REPORTS. 4.1 Not more than six months (or such longer period as would may be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender) prior to the grant of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan) the Seller received a Valuation Report on the relevant Property (or such other form of report concerning the valuation of the relevant Property as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender), the contents of which were such as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender. The principal amount of the Initial Advance advanced to then existing Borrowers of the Seller (including any retention(s) subsequently advanced to the Borrower but disregarding Capitalised Expenses) is not more than 95 per cent. of the lower of the purchase price and the appraised value.
4.2 Prior to the taking of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan), the Seller:
(a) instructed the Seller's solicitor or licensed or qualified conveyancer:
(i) to carry out an investigation of title to the relevant Property and to undertake such other searches, investigationsinvestigation, enquiries and other actions on behalf of the Seller as are set out in the General Instructions to Solicitors or the Lenders' Handbook contained in the Standard Documentation (or other comparable or successor instructions and/or guidelines as may for the time being be in place), subject only to such variations as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender; or
(ii) in the case of a re-mortgage to carry out a more limited form of investigation of title for the relevant Property (including, in the case of Registered Land or any land in Scotland, confirming that the Borrower is the registered proprietor of the Property and that the description of the Property corresponds with the entries on the relevant register at the Land Registry, the Land Registry of Northern Ireland or the Registers of Scotland, as applicable) and to confirm all other matters as would be required by a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender; and
(b) received a Certificate of Title from the solicitor or licensed or qualified conveyancer referred to in Representation and Warranty 4.2(aparagraph (a) relating to such Property the contents of which were such as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender.
4.3 The benefit of each all Valuation Report, Reports any other valuation report referred to in Representation paragraph 4.1, Home Loan Protection Policies and Warranty 4.1 (if any) and each Certificate Certificates of Title can be validly assigned to the LLP Mortgages Trustee without obtaining the consent of the relevant valuer, insurerInsurer, solicitor or licensed or qualified conveyancer.
4.4 Each solicitor or licensed or qualified conveyancer has complied with the instructions referred to in Representation and Warranty 4.2(aparagraph 4.3(a).
Appears in 3 contracts
Samples: Mortgage Sale Agreement (Holmes Funding LTD), Mortgage Sale Agreement (HOLMES FINANCING (No. 9) PLC), Mortgage Sale Agreement (Holmes Funding LTD)
VALUERS' AND SOLICITORS' REPORTS. 4.1 Not more than six twelve months (or such a longer period as would may be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender) prior to the grant of each Mortgage (excluding any Mortgage granted in relation or such longer period as may be acceptable to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loanreasonable, prudent mortgage lender) the Seller received a Valuation Report from a Valuer on the relevant Property (or such other form of report concerning the valuation of the relevant Property as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender), the contents of which were such as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender.
4.2 The principal amount of the Initial Advance (including any retention(s) subsequently advanced to the Borrower but disregarding Capitalised Expenses) is either:
(a) not more than 75 per cent. of the lower of the purchase price and the appraised value of the Property as stated in the Valuation Report referred to above in paragraph 4.1 (the APPRAISED VALUE) (or, in case of a remortgage, of the appraised value) of the Property; or
(b) greater than 75 per cent. (but not more than 97 per cent.) of the lower of the purchase price and the appraised value (or, in the case of a remortgage, of the appraised value), in which case for those Loans originated prior to 1st January, 2001 only that part of the Initial Advance which exceeds 75 per cent. of the lower of the purchase price and the appraised value (or, in the case of a remortgage, of the appraised value) is covered under the terms of a MIG Policy.
4.3 Prior to the taking of each Mortgage (excluding any Mortgage granted in relation to other than a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loanremortgage), the Seller:
(a) instructed the Seller's solicitor solicitor, licensed conveyancer or licensed or (in Scotland) qualified conveyancer:
(i) conveyancer to carry out an investigation of title to the relevant Property and to undertake such other searches, investigationsinvestigation, enquiries and other actions on behalf of the Seller as are set out in the General Instructions instructions which the Seller issued to Solicitors or the relevant solicitor as are set out in:
(i) the CML's Lenders' Handbook contained for England and Wales in relation to English Mortgages;
(ii) the Standard Documentation Seller's Mortgage Practice Notes in relation to Scottish Mortgages taken before the CML's Lenders' Handbook for Scotland was adopted in 2000; or
(iii) the CML's Lenders' Handbook for Scotland in relation to Scottish Mortgages taken after the CML's Lenders' Handbook for Scotland was adopted in 2000, (or other comparable such comparable, predecessor or successor instructions and/or guidelines as may for the time being be in place), subject only to such variations made on a case by case basis as would be have been acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender at the relevant time; or
(ii) in the case of a re-mortgage to carry out a more limited form of investigation of title for the relevant Property (including, in the case of Registered Land or any land in Scotland, confirming that the Borrower is the registered proprietor of the Property and that the description of the Property corresponds with the entries on the relevant register at the Land Registry, the Land Registry of Northern Ireland or the Registers of Scotland, as applicable) and to confirm all other matters as would be required by a Reasonable, Prudent Mortgage Lender; and
(b) received a Certificate of Title from the solicitor or licensed conveyancer or (in Scotland) qualified conveyancer referred to in Representation and Warranty 4.2(aparagraph (a) relating to such Property the contents of which were such as would be have been acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender at that time.
4.3 4.4 The benefit of each all Valuation ReportReports, any other valuation report referred to in Representation paragraph 4.1 and Warranty 4.1 (if any) and each Certificate Certificates of Title which were provided to the Seller not more than two years prior to the date of this Agreement can be validly assigned to the LLP Mortgages Trustee without obtaining the consent of the relevant valuer, insurerValuer, solicitor or licensed conveyancer or (in Scotland) qualified conveyancer.
4.4 Each solicitor or licensed or qualified conveyancer has complied with the instructions referred to in Representation and Warranty 4.2(a).
Appears in 3 contracts
Samples: Mortgage Sale Agreement (Permanent Mortgages Trustee LTD), Mortgage Sale Agreement (Permanent Mortgages Trustee LTD), Mortgage Sale Agreement (Permanent Financing (No. 5) PLC)
VALUERS' AND SOLICITORS' REPORTS. 4.1 Not more than six months (or such longer period as would may be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender) prior to the grant of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan) the Seller received a Valuation Report on the relevant Property (or such other form of report concerning the valuation of the relevant Property as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender), the contents of which were such as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender.
4.2 The principal amount of the Initial Advance advanced to then existing Borrowers of the Seller (including any retention(s) subsequently advanced to the Borrower but disregarding Capitalised Expenses) is not more than 95 per cent. of the lower of the purchase price and the appraised value.
4.3 Prior to the taking of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan), the Seller:
(a) instructed the Seller's solicitor or licensed or qualified conveyancer:
(i) to carry out an investigation of title to the relevant Property and to undertake such other searches, investigations, enquiries and other actions on behalf of the Seller as are set out in the General Instructions to Solicitors or the Lenders' Handbook contained in the Standard Documentation (or other comparable or successor instructions and/or guidelines as may for the time being be in place), subject only to such variations as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender; or
(ii) in the case of a re-mortgage to carry out a more limited form of investigation of title for the relevant Property (including, in the case of Registered Land or any land in ScotlandLand, confirming that the Borrower is the registered proprietor of the Property and that the description of the Property corresponds with the entries on the relevant register at the Land Registry, the Land Registry of Northern Ireland or the Registers of Scotland, as applicable)) and to confirm all other matters as would be required by a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender; and
(b) received a Certificate of Title from the solicitor or licensed or qualified conveyancer referred to in Representation and Warranty 4.2(aparagraph 1.1(a)(a) relating to such Property the contents of which were such as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender.
4.3 4.4 The benefit of each all Valuation ReportReports, any other valuation report referred to in Representation paragraph 4.1 and Warranty 4.1 (if any) and each Certificate Certificates of Title can be validly assigned to the LLP Mortgages Trustee without obtaining the consent of the relevant valuer, insurer, solicitor or licensed or qualified conveyancer.
4.4 4.5 Each solicitor or licensed or qualified conveyancer has complied with the instructions referred to in Representation and Warranty paragraph 4.2(a).
Appears in 2 contracts
VALUERS' AND SOLICITORS' REPORTS. 4.1 Not more than six months (or such longer period as would may be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender) prior to the grant of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan) the Seller received a Valuation Report on the relevant Property (or such other form of report concerning the valuation of the relevant Property as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender), the contents of which were such as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender. The principal amount of the Initial Advance advanced to then existing Borrowers of the Seller (including any retention(s) subsequently advanced to the Borrower but disregarding Capitalised Expenses) is not more than 95 per cent. of the lower of the purchase price and the appraised value.
4.2 Prior to the taking of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan), the Seller:
(a) instructed the Seller's solicitor or licensed or qualified conveyancer:
(i) to carry out an investigation of title to the relevant Property and to undertake such other searches, investigations, enquiries and other actions on behalf of the Seller as are set out in the General Instructions to Solicitors or the Lenders' Handbook contained in the Standard Documentation (or other comparable or successor instructions and/or guidelines as may for the time being be in place), subject only to such variations as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender; or
(ii) in the case of a re-mortgage to carry out a more limited form of investigation of title for the relevant Property (including, in the case of Registered Land or any land in ScotlandLand, confirming that the Borrower is the registered proprietor of the Property and that the description of the Property corresponds with the entries on the relevant register at the Land Registry, the Land Registry of Northern Ireland or the Registers of Scotland, as applicable) and to confirm all other matters as would be required by a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender; and
(b) received a Certificate of Title from the solicitor or licensed or qualified conveyancer referred to in Representation and Warranty 4.2(aparagraph (a) relating to such Property the contents of which were such as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender.
4.3 The benefit of each all Valuation Report, Reports any other valuation report referred to in Representation paragraph 4.1, Home Loan Protection Policies and Warranty 4.1 (if any) and each Certificate Certificates of Title can be validly assigned to the LLP Mortgages Trustee without obtaining the consent of the relevant valuer, insurerInsurer, solicitor or licensed or qualified conveyancer.
4.4 Each solicitor or licensed or qualified conveyancer has complied with the instructions referred to in Representation and Warranty paragraph 4.2(a).
Appears in 1 contract
Samples: Mortgage Sale Agreement
VALUERS' AND SOLICITORS' REPORTS. 4.1 Not Unless the Loan is a Loan Without Independent Valuation, not more than six 12 months (or such a longer period as would may be acceptable to a Reasonable, Prudent Mortgage Lender) prior to the grant granting of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan) Mortgage, the Seller received a Valuation Report on the relevant Property (or such other another form of report concerning the valuation of the relevant Property as would be acceptable to a Reasonable, Prudent Mortgage Lender), the contents of which were such as would be acceptable to a Reasonable, Prudent Mortgage Lender.
4.2 Prior to the taking of each Mortgage (excluding any Mortgage granted in relation to other than a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loanremortgage), the Seller:
(a) instructed the Seller's solicitor its solicitor, licensed conveyancer or licensed or (in Scotland) qualified conveyancer:
(i) conveyancer to carry out an investigation of title to the relevant Property and to undertake such other searches, investigations, enquiries and other actions on behalf of the Seller in accordance with the instructions which the Seller issued to the relevant solicitor, licensed conveyancer or (in Scotland) qualified conveyancer as are set out out, in the General Instructions to Solicitors or case of English Loans, in the CML's Lenders' Handbook contained for England and Wales (or, for Mortgages taken before the CML's Lenders' Handbook for England and Wales was adopted in 1999, the Seller's standard form instructions to solicitors) and, in the Standard Documentation case of Scottish Loans, the CML's Lenders' Handbook for Scotland (or, for Mortgages taken before the CML's Lenders' Handbook for Scotland was adopted in 2000, the Seller's standard form instruction to solicitors) and, in the case of Northern Irish Loans, the CML's Lender's Handbook for Northern Ireland or other comparable or successor instructions and/or guidelines as may for the time being be in place), subject only to such those variations as would be acceptable to a Reasonable, Prudent Mortgage Lender; or
(ii) in the case of a re-mortgage to carry out a more limited form of investigation of title for the relevant Property (including, in the case of Registered Land or any land in Scotland, confirming that the Borrower is the registered proprietor of the Property and that the description of the Property corresponds with the entries on the relevant register at the Land Registry, the Land Registry of Northern Ireland or the Registers of Scotland, as applicable) and to confirm all other matters as would be required by a Reasonable, Prudent Mortgage Lender; and
(b) received a Certificate of Title from the solicitor or licensed conveyancer or qualified conveyancer referred to in Representation and Warranty paragraph 4.2(a) relating to such Property the contents of which were such as would be have been acceptable to a Reasonable, Prudent Mortgage LenderLender at that time.
4.3 The benefit of each all Valuation Report, Reports any other valuation report referred to in Representation paragraph 4.1 and Warranty 4.1 Certificates of Title, to the extent assignable, which were provided to the Seller not more than two years prior to the date of this Agreement or the relevant Transfer Date (if anyas applicable) and each Certificate of Title can be validly assigned to the LLP without obtaining the consent of the relevant valuerValuer, insurersolicitor, solicitor or licensed conveyancer or qualified conveyancer.
4.4 Each solicitor or licensed or qualified conveyancer has complied with the instructions referred to in Representation and Warranty 4.2(a).
Appears in 1 contract
Samples: Mortgage Sale Agreement
VALUERS' AND SOLICITORS' REPORTS. 4.1 Not more than six months (or such longer period as would may be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender) prior to the grant of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan) the Seller received a Valuation Report on the relevant Property (or such other form of report concerning the valuation of the relevant Property as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender), the contents of which were such as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender.
4.2 The principal amount of the Initial Advance advanced to then existing Borrowers of the Seller (including any retention(s) subsequently advanced to the Borrower but disregarding Capitalised Expenses) is not more than 95 per cent. of the lower of the purchase price and the appraised value.
4.3 Prior to the taking of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan), the Seller:
(a) instructed the Seller's solicitor or licensed or qualified conveyancer:
(i) to carry out an investigation of title to the relevant Property and to undertake such other searches, investigations, enquiries and other actions on behalf of the Seller as are set out in the General Instructions to Solicitors or the Lenders' Handbook contained in the Standard Documentation (or other comparable or successor instructions and/or guidelines as may for the time being be in place), subject only to such variations as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender; or
(ii) in the case of a re-mortgage to carry out a more limited form of investigation of title for the relevant Property (including, in the case of Registered Land or any land in ScotlandLand, confirming that the Borrower is the registered proprietor of the Property and that the description of the Property corresponds with the entries on the relevant register at the Land Registry, the Land Registry of Northern Ireland or the Registers of Scotland, as applicable) and to confirm all other matters as would be required by a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender; and
(b) received a Certificate of Title from the solicitor or licensed or qualified conveyancer referred to in Representation and Warranty 4.2(aparagraph (a) relating to such Property the contents of which were such as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender.
4.3 4.4 The benefit of each all Valuation ReportReports, any other valuation report referred to in Representation paragraph 4.1 and Warranty 4.1 (if any) and each Certificate Certificates of Title can be validly assigned to the LLP Mortgages Trustee without obtaining the consent of the relevant valuer, insurer, solicitor or licensed or qualified conveyancer.
4.4 4.5 Each solicitor or licensed or qualified conveyancer has complied with the instructions referred to in Representation and Warranty paragraph 4.2(a).
Appears in 1 contract
Samples: Mortgage Sale Agreement
VALUERS' AND SOLICITORS' REPORTS. 4.1 Not more than six months (or such longer period as would may be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender) prior to the grant of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan) the Seller received a Valuation Report on the relevant Property (or such other form of report concerning the valuation of the relevant Property as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender), the contents of which were such as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender.
4.2 The principal amount of the Initial Advance advanced to then existing Borrowers of the Seller (including any retention(s) subsequently advanced to the Borrower but disregarding Capitalised Expenses) is not more than 95 per cent. of the lower of the purchase price and the appraised value.
4.3 Prior to the taking of each Mortgage (excluding any Mortgage granted in relation to a Flexible Loan as a result of such Loan being the subject matter of a Product Switch to that Flexible Loan), the Seller:
(a) instructed the Seller's solicitor or licensed or qualified conveyancer:
(i) to carry out an investigation of title to the relevant Property and to undertake such other searches, investigations, enquiries and other actions on behalf of the Seller as are set out in the General Instructions to Solicitors or the Lenders' Handbook contained in the Standard Documentation (or other comparable or successor instructions and/or guidelines as may for the time being be in place), subject only to such variations as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender; or
(ii) in the case of a re-mortgage to carry out a more limited form of investigation of title for the relevant Property (including, in the case of Registered Land or any land in ScotlandLand, confirming that the Borrower is the registered proprietor of the Property and that the description of the Property corresponds with the entries on the relevant register at the Land Registry, the Land Registry of Northern Ireland or the Registers of Scotland, as applicable) and to confirm all other matters as would be required by a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender; and
(b) received a Certificate of Title from the solicitor or licensed or qualified conveyancer referred to in Representation and Warranty 4.2(aparagraph 1.1(a)(a) relating to such Property the contents of which were such as would be acceptable to a Reasonablereasonable, Prudent Mortgage Lenderprudent mortgage lender.
4.3 4.4 The benefit of each all Valuation ReportReports, any other valuation report referred to in Representation paragraph 4.1 and Warranty 4.1 (if any) and each Certificate Certificates of Title can be validly assigned to the LLP Mortgages Trustee without obtaining the consent of the relevant valuer, insurer, solicitor or licensed or qualified conveyancer.
4.4 4.5 Each solicitor or licensed or qualified conveyancer has complied with the instructions referred to in Representation and Warranty paragraph 4.2(a).
Appears in 1 contract
Samples: Mortgage Sale Agreement