When parents lend money to their adult children to help them buy property, the arrangement often begins with the best of intentions. However, life’s uncertainties—such as divorce, property settlements, or financial hardship like bankruptcy—can complicate matters, leaving
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Can you be bound by a written agreement even if you claim you didn’t sign it, and the signature on it is a forgery?
Jan 17, 2024
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Well Nigh Funding No 1 Pty Ltd v Tang [2023] NSWDC 564
This matter concerned a lender seeking to recover the outstanding balance of a 2017 loan it made to the defendant, after the defendant made some repayments (including the net proceeds of the sale of the security property at Parramatta) but not ...
What came first - the mortgagee's power of sale, or the owner's alleged sale?
May 16, 2023
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TheĀ Supreme Court of New South Wales has just handed down its decision dealing with theĀ competing claims of a contract and a caveat - for a residential property at Bradman Road, Menai.
ProLend Solutions No. 123 Pty Ltd v Karout [2023] NSWSC 490 (8 May 2023)
The proceedings were commenced byĀ ProLen...
Avoiding issues with Loan Agreements between family members
Jan 22, 2020
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A property in North Parramatta was owned by Fabian and his wife, Mina, as tenants-in-common in equal shares.
The plaintiff, Fabian’s brother, Sergio, sought orders for:
- Possession of the land;
- Judgment against the defendant (Mina) for approximately $145,000 (including interest);
- Mina to sign a ...
Gift or Loan - lending money to relatives
Dec 05, 2019
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If you intend to provide monies to relatives, friends or related parties – such that the loan is not an arms’ length transaction, it is important to consider what ramifications that may have on your estate or may cause if you later seek to have that loan repaid.
There is a risk when you are lending...
This blog provides general information and should not be construed as legal advice. Laws may have changed since the publication of this content. We recommend consulting with a qualified legal professional to ensure compliance with current legislation and to address specific circumstances.