The tenant fell behind in rental repayments and provided a mortgage over another property to the landlord to secure them. The landlord lodged a caveat over the property. The tenants alleged that at the time of executing the mortgage, the landlord had told him that if he signed the mortgage the landlord would allow time …
The borrower needed the loan to buy her mothers home. The loan and mortgage along with the transfer were all executed and the money advanced and paid to the borrower’s mother and the bank received the certificate of title. Unfortunately, before the Bank registered the transfer, together with the certificate of title and the mortgage …
The borrower bought a unit and a car space, each with separate titles. The bank financed the purchase but only registered its mortgage over the unit forgetting about the car space by oversight. The outgoing mortgagee’s title to the car space remained on the title during this time. Then along came a second mortgagee who …
The lender took a mortgage over the husband’s share of the property. The lender then sought to sell the property pursuant to s66G Conveyancing Act. The estranged wife sought to have the proceedings stayed pending the outcome of a Family Court case in which she asserted that the husband had entered into the loan to …
In proceedings for possession of land brought by the lender, the wife whose husband had forged her signature on a mortgage over the family home argued that the mortgage was an “unjust credit contract” under the Consumer Credit Code (“the Code”) and ought to be set aside. The Judge at the first instance hearing found …
The defendant was a lender who held an equitable mortgage which was secured over the borrower’s property by a guarantee and indemnity. St George Bank held a registered first mortgage over the property. The borrower entered into a contract of sale of the property. The proceeds form the sale would have been insufficient to discharge …
This was an application by the plaintiff (“RMP”) to extend a caveat lodged against land owned by Mrs McGurk, or alternatively an order pursuant to s 74O of the Real Property Act granting leave to RMP to lodge a further caveat in relation to the property, as well as an order restraining McGurk from discharging a …
The lender sought a declaration that it had entered into an agreement with the borrower by which the borrower agreed to grant the lender a mortgage over certain land at Voyager Point, in substitution of the lender’s existing mortgage over another property at Helensburgh. The lender sought an order that the agreement be specifically performed. …
The security property was sold by the first registered mortgagee. There was sufficient funds to pay out the 1st registered mortgage and the 2nd registered mortgages and to create a surplus which was paid into court pursuant to s 95 Trustee Act 1925. This case was a priority fight over who was entitled to that …
Performance Capital Mortgage v Motive Finance & Leasing [2010] NSWSC 429 Read More »
The lender protected an equitable mortgage with caveats. The borrower sold the properties and lodged lapsing notices. Before the Duty Judge, Justice Gzell, the lender argued that if it was given time it could obtain valuation evidence that would show that the property was being sold at under value. The lender argued that unless there …
