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neelamkhawani

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  1. Hi there. I need some advice! I bought an off-plan property in 2003, which was unfortunately repossessed in 2007. The following year (2008) the lender started to chase for a £21k shortfall. I requested all documents relating to the mortgage- and discovered the original survey (a basic Mortgage Valuation Survey) had been deliberately falsified by the surveyor, and the property had been overvalued by around £50,000. The surveyor had basically lied about the comparables in the section of the survey, and chose houses in a completely different town to compare against. I obtained an expert witness report that confirmed all this information. The lender was not in the slightest bit interested, and continued to say 'it was my personal covenant' to pay the shortfall. Due to all the stress at the time, I settled for £7,700 to pay the lender to get them off my back. My question is: Should the lender have claimed against the surveyor, instead of me, as it was a basic valuation survey (designed for the lenders benefit)? Did they act inappropriately by ignoring the evidence I have them, and so continuing to pursue me? Any help would be much appreciated. Thanks - Paul
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