Solicitor representing both the bank and the Receiver

omnithanos

I have been told it is normal practice for the same Solicitor to represent both the bank and the Receiver however is it acceptable for the Solicitor to share draft documents written on behalf of the Receiver with the bank before they are sent to the property owner or does this constitute a conflict of interest?

Mr. Incognito

You were on here a few days ago asking questions about the enforceability of the Receivers Deed.

How would it be a conflict of interest for someone to represent the bank and the banks enforcement mechanism.

Go pay for legal advice.

If you disagree with it, get a second opinion.

If you still disagree with it maybe you are the problem.

omnithanos

After my experience with Solicitors thus far I'll be opting for free legal advice thank you very much.

I didn't ask it was a conflict of interest for someone to represent the bank and the banks enforcement mechanism I was wondering if there was any irregularity in a Solicitor passing drafts of documents he was going to send on behalf of a Receiver to the bank for consultation before he sent the Receiver's letter.

whippet

omnithanos wrote: »

After my experience with Solicitors thus far I'll be opting for free legal advice thank you very much.

I didn't ask it was a conflict of interest for someone to represent the bank and the banks enforcement mechanism I was wondering if there was any irregularity in a Solicitor passing drafts of documents he was going to send on behalf of a Receiver to the bank for consultation before he sent the Receiver's letter.

there probably isn't a conflict of interest but you should seek proper legal advice (such which can't be found here) to get a better answer.

Have a look at the thread 'Freeman Megamerge' in Legal Discussion .. you might see the names of some organisations and individuals who will tell you what you want to hear. Won't be correct or accurate but will most definitely be what you want to hear.

omnithanos

Thanks for the help Whippet.

I obviously didn't read the rules of the board before I came on here so I may have rubbed people up the wrong way but I don't see the need for others to be unkind.

My own Solicitor won't return correspondence so that's not particularly helpful.

cobhguy28

omnithanos wrote: »

I have been told it is normal practice for the same Solicitor to represent both the bank and the Receiver however is it acceptable for the Solicitor to share draft documents written on behalf of the Receiver with the bank before they are sent to the property owner or does this constitute a conflict of interest?

A receiver is seen as agent for the property owner, so if he makes some mistake you cant sue the bank for appointing the reciever. However if it can be shown that the reciever is taking instructions on how he handles the property from the bank, the reciever will become an agent of the bank and the bank can be liable for any mistakes he makes

omnithanos

Thanks cobhguy

A reasonable and intelligent response at last

Whippet and Mr. Incognito only seem to want to take the michael and monsieur inconnu doesn't even read the posts properly.

Pat Mustard

Mod:

This is not a hypothetical situation. It is obviously a real situation.

No more threads on this.

Thread closed.