This is fine, providing the mortgagor’s practitioner has been properly authorised and instructed by the mortgagee to act on their behalf and holds evidence of that authority.
It is not sufficient for the mortgagor's practitioner to rely on instructions from the mortgagee's lawyer unless the mortgagee’s lawyer is acting as an authorised signatory or under a written authority such as a power of attorney that includes specific power to issue such instructions on the mortgagee's behalf.
Before certifying a new mortgage or a discharge of mortgage on behalf of the mortgagee, the practitioner must hold proper authority and instruction to do so, from:
- the mortgagee directly, or
- a person under a written authority such as a power of attorney giving that person the power to issue mortgage instructions on the mortgagee's behalf.
If the mortgagee chooses not to instruct the mortgagor's practitioner to act on their behalf, the mortgagee's own practitioner can certify on behalf of the mortgagee in a multi-party e-dealing.