It is my understanding that you can ask the lender to show that it mitigated its loss: for example, that it claimed on the MIG. That brings the MIG into the court (or pre-court 'discovery') proceedings.(posted 8553 days ago)If it is the insurer chasing you, then they are claiming a right of subrogation to chase you for the money. Again, they would have to produce the MIG to show that they were entitled to do this under the terms of the MIG specific to your particular mortgage.
I do not feel that these points are well appreciated by solicitors.
But they are of course only my personal understandings of very complex issues.