But there is a corollary to this. If a lender is acting in conjuction with the insurer, or if the insurer is acting alone under the right of subrogation, then if and when they issue a writ they will have to supply the MIG to show that they indeed have the right to claim the money from the ex borrower under terms of that specific MIG.(posted 8547 days ago)If the lender is acting alone, then the ex borrower can insist that the lender prove that it mitigated the loss by claiming on the MIG. The lender again would have to produce the MIG in evidence, to show whether this were possible or not.
Q.E.D.: If the lender (and/or) isn't prepared to produce the MIG, then it cannot be planning court proceedings.
In my humble opinion.