Mortgage Sale Agreements
Breach of Warranty Claims
We advise on all matters relating to portfolio acquisitions and mortgage sale agreements, in particular breach of warranty and associated buy-back claims. We have in depth and detailed knowledge of the underwriting policies, procedures and lending criteria adopted by a number of banks and lending institutions. We have acted in all stages of the buy-back process, beginning with an underwriting review and preparation of notice of breach of warranty, through to resolution.
We understand the key importance of due diligence in the acquisition of loan portfolios. We have advised purchasers on specific issues of title, potential overriding interests, registration of the charge and related issues. We are familiar with the issues associated with credit risk and its impact on portfolio pricing.
Many lending institutions continue to be under significant pressure to increase their funding and are looking to sell portfolios to increase their capital balances. We are known in the market by institutional investors and private equity firms and work closely with third party mortgage administrators. We actively use our connections and seek wherever possible to introduce our clients and contacts to investors.