CBA v Gaszewski [2006] NSWSC 772

The loan was settled on 24 December 2004, when the Bank advanced a total of $1,434,003 and received the Certificate of Title, a stamped transfer from the vendor and a discharge of mortgage from the outgoing mortgagee. The Bank had received a mortgage over the property signed by the wife but not the husband. When the matter was settled on 24 December 2004, the absence of the husband’s signature passed unnoticed. As a result, the bank was unable to register its mortgage. The Bank endeavoured, by correspondence and telephone calls to obtain the husbands’ signature to the mortgage, without success.

The court ordered specific performance of the agreement to give mortgage and ordered that if the husband failed to sign that Registrar of Land Titles do so on his behalf.

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