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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? estoppel loan agreements mortgage property Jan 17, 2024

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...

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What came first - the mortgagee's power of sale, or the owner's alleged sale? caveat conveyancing loan agreements mortgage power of sale property property law real property act supreme court May 16, 2023

The Supreme Court of New South Wales has just handed down its decision dealing with the 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...

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Avoiding issues with Loan Agreements between family members conveyancing act loan agreements property purchasing property Jan 22, 2020

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...
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Gift or Loan - lending money to relatives caveat estate planning estates gift intellectual property loan agreements property Dec 05, 2019

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...

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