In short, the answer to this question is no! Under no circumstances should the mortgagee ask, or indeed rely upon, the solicitor for the mortgagor to act as its agent for VOI purposes. The reason for this is obvious; there is an untenable and irreconcilable conflict of interest in the solicitor for the mortgagor donning two hats and purporting to act for both the mortgagor and mortgagee.
Mortgage fraud is of growing concern within the context of the Australian economy.
UBS, the investment bank, warns that up to a third of Australians are lying on their loan applications. Surveys conducted in 2016 and 2017 confirm this concerning trend. What can lenders do to protect their interests?
Mortgage Fraud. Lenders again warned of the dangers inherent in seeking to rely on an “all monies” clause contained in a mortgage.
In the matter of Perpetual Trustees Victoria v English & Anor  NSWCA 32, the Supreme Court of New South Wales was once again required to consider the enforceability of a registered mortgage that had been fraudulently executed by a co-owner.