In this case judgment for possession was entered by consent (the borrower agreed). Pursuant to the consent judgment a writ was issued and the Sheriff evicted the borrower. The borrower then broke back into the house and retook possession. The lender then sought and obtained a writ of restitution so that the borrower could be …
The lender obtained possession but the borrower changed the locks again. The lender then went back to court and obtained a writ in aid of a writ to obtain possession again. Click here to read the full judgment
Default judgement was entered and then a stay was sought. The parties then entered into consent orders providing for the lifting of the stay. These were held in escrow while the borrower’s attempted a refinance. The refinance fell over and the borrowers claim it was because the Lender scared away the incoming mortgagee by providing …
Circuit Finance v Castagnet Property Group [2006] NSWSC 553 Read More »
The defendant borrowed $100,000 from the plaintiff which was secured over the defendant’s land by a mortgage. The lender sought possession of the land upon default by the borrower in making repayments. The defendant denied any default had occurred. The mortgage document failed to specify the date by which the principal was to be repaid. …
