Expired Mortgages

Graham v Aluma-Lite Products [2006] NSWSC 476

Mortgage Case Notes / May 24, 2006 October 28, 2019 / Costs, Default Notices, Expired Mortgages, Statute of Limitations, Transfer of Mortgage

The borrower successfully defeated possession proceedings in the Appeal Court on the grounds that they were brought without a notice pursuant to the s 7 Credit (Home Finance Contracts) Act 1984 first being served one month prior to the institution of the proceedings. This was the lender’s second attempt to eject the borrower brought by …

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Tekinvest v Lazarom [2004] NSWSC 940

Mortgage Case Notes / October 10, 2004 October 28, 2019 / Expired Mortgages, Injunction to Restrain Sale, Power of Sale

This was an application by a borrower for an interlocutory injunction restraining a lender from exercising a power of sale. The Plaintiff was the registered proprietor of a commercial site at Granville (“the Property”). The Plaintiff purchased the Property from the Defendant in December 2001 for $1,928,000. The purchase price was payable as to $1,000 …

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