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Mortgage Fraud: Dangers Inherent in “All Monies” Clause
Mortgage Fraud. Lenders again warned of the dangers inherent in seeking to rely on an “all monies” clause contained in a mortgage.
In the matter of Perpetual Trustees Victoria v English & Anor [2010] NSWCA 32, the Supreme Court of New South Wales was once again required to consider the enforceability of a registered mortgage that had been fraudulently executed by a co-owner.
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Service of Statutory Demands at Registered Office Invalid.
Service of Statutory Demands on a company at its registered office held invalid.
Recent Federal Court decisions highlight the dangers in serving creditors statutory demands on the registered office of corporate debtors.
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Guarantor Liable for Costs Incurred by Lender
Guarantor liable for costs incurred by lender after full discharge of facility.
In the matter of Balanced Securities Limited v David Thomas [2010] QDC 337, Elliott May was successful in obtaining judgment for its lender client against a guarantor for the costs incurred in defending proceedings brought by a borrower after the loan had been repaid in full.
