In this case a sweet little old lady and a sweet little old man were unable to pay their mortgage, so they resorted to continual refinancing, getting deeper and deeper into debt. Eventually they could refinance no more and were scheduled to be evicted by the Sheriff. At this point, had they sold their house, …
In this case the bank officer who witnessed the documents did not give evidence claiming “she was too busy”. The Court noted that bank could have subpoenaed her but did not and consequently drew a negative inference. The court determined that the borrower believed she was borrowing $400,000 not the actual amount of $680,000. The …
In this matter a 81 year old Greek man and his 71 year old Greek wife (both with limited English) granted a power of attorney to their son who used it to transfer a third of the family home to himself and then borrow from Interstar. When that loan defaulted the son then refinanced with …
J P Morgan Trust Australia v Siahos [2008] NSWSC 207 Read More »
Permanent Trustee (“PT”) as lender sought orders for possession of the defendants’ land which was secured by mortgage, upon default in making repayments. The appropriate notices were issued under the Real Property Act (1900). The defendants alleged that PT had misapplied funds from the sale of a different property pursuant to another mortgage. Instead of …
Permanent Trustee Australia v Andreas Kolozos [2005] NSWSC 420 Read More »
The Plaintiff has brought these proceedings for an order for possession in relation to property at Bardwell Park and for an order for the judicial sale of a separate property (“the charged property”). The Defendant opposed the making of these orders, and by way of a cross-claim, sought relief against forfeiture. The Defendant entered in …
