Elderly Non-English Speakers

Ginelle Finance v Diakakis [2007] NSWSC 60

Mortgage Case Notes / February 15, 2007 October 28, 2019 / Corrupt Solicitors, Elderly Non-English Speakers, Fraud, Non-English speakers, Solicitor Negligence

Mortgages were fraudulently registered over the land of the defendant in early 2001 and fraudulently refinanced in late 2001. The defendant discovered the existence of the mortgages and went to the police. The lender brought these proceedings and obtained summary judgement for possession on the basis of indefeasibility of title. The defendant brought cross-claims against …

Ginelle Finance v Diakakis [2007] NSWSC 60 Read More »

Mizzi v Reliance Financial Services [2007] NSWSC 37

Mortgage Case Notes / February 14, 2007 October 28, 2019 / Elderly Non-English Speakers, Fraud, Non-English speakers, Unconscionability (Equity), Unjustness

The plaintiff (Mizzi) was a widowed pensioner of Maltese origin with very limited English and very limited IQ. She was asked by her grandson Stefan Martin Allan for a mortgage over her home. She duly mortgaged her home to clients of RL Kremnizer and when the mortgage went into default proceedings were brought for possession. …

Mizzi v Reliance Financial Services [2007] NSWSC 37 Read More »