• Lender’s Claim to Surplus Funds Paid into Court Fails

    surplus funds

    In the recent case of Secure Loan Solutions Pty Ltd v Smith [2018], the Victorian Court of Appeal heard a lender’s application for leave to appeal a decision concerning surplus funds paid into court following a mortgagee sale.

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  • Improper Conduct Results in Court Awarding Indemnity Costs

    indemnity costs

    In a recent case the Supreme Court of Victoria considered orders for indemnity costs following a debacle concerning a property settlement.

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  • Assignment of Mortgage & Loan Agreement in Dispute

    The issue of an Assignment of Mortgage came under dispute in a recent Supreme Court of Western Australia ruling. Was the transfer of loans to a third party valid?

    In La Trobe v MDVest [2017], the borrowers disputed three prior judgments in favour of the lender. They contended that the lender was not entitled to judgment in each action. The borrowers presented a number of reasons for resisting judgment, including the issue of Assignment.

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  • Bank Wins Despite Claims of Fraud & Unconscionable Conduct

    wins recovery of possession

    Attempts by Borrowers to dodge Bank’s recovery of possession claim with an unlikely counterclaim backfires.

    In Australian and New Zealand Bank Group Ltd v Beamond & Anor [2017] QSC 208 the Supreme Court of Queensland rules in favour of Bank’s right to recovery of possession of mortgaged properties. The Court also dismisses all counterclaims submitted by Borrowers.

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  • Lender Gets an Enforcement Warrant Despite Delay

    enforcement warrant despite delay

    In a District Court of Queensland decision, a lender gets an enforcement warrant even though more than two years have passed since obtaining judgment for possession of the security property.

    In the recent ruling in Westpac Banking Corporation v Keppel & Anor [2017] QDC 223 the Court takes a cautionary approach. But the lender, in due course, gains the upper hand.

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  • Mortgage Document: Should Lenders Be Concerned About Quality?

    The mortgage document is important but complex. Often these documents contain difficult to understand legal terms, phrases and concepts.

    How can lenders protect their rights and interests? What does a good mortgage look like? Let’s define what key items should be included in all mortgage documents.

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  • Equitable Mortgage: Certificate of Title as Security Without Signing Agreement?

    service the loan

    Equitable mortgage: Can a lender rely on the certificate of title as security for a loan even though a borrower fails to sign any loan agreement?

    Hatala v Graglee Pastoral Company Pty Ltd [2017] NSWSC 155 provides insight into this.

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  • Enforcement Warrants & Property in Queensland

    What does a mortgagee of property in Queensland need to do to ensure persons in occupation of the property other than the mortgagor comply with orders for possession?

    In Bank of Queensland Limited v Bottomley [2015] QSC 329 the Supreme Court of Queensland considered the requirements surrounding enforcement warrants where a mortgaged property is occupied by tenants.

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  • Equitable Interest in Land

    equitable interest

    Does an application under s 99(2) Property Law Act 1974 create an equitable interest in the land?

    In the matter of Asset Core Pty Ltd & Anor v Jarrett 1 Enterprises Pty Ltd & Anor [2015] QSC 270 the court refused to make an order for the sale of a mortgaged property despite an application under section 99(2) of the Property Law Act 1974 (Qld)

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  • Transfer of Mortgage: 2nd Mortgagee vs Borrower?

    transfer of mortgage

    Can a borrower rely on s.94 Conveyancing Act 1919 to compel a transfer of a prior mortgage to itself when a subsequent mortgagee has also sought to compel a transfer of that prior mortgage?

    In Geitonia Pty Ltd t/as Trustee for the Annandale Unit Trust v Westpac Banking Corporation [2015] NSWSC 419 the court was required to decide whether the 1st mortgagee was required to transfer its mortgage to the borrower or to the 2nd mortgagee.

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Solutions. Not just advice