News Alerts
No s57(2)(b) notice required for non-monetary defaults
18 November 2007
A recent decision of the NSW Supreme Court is a reminder of the obscure rule that no notice pursuant to s57(2)(b) is required when the default relied upon is non-monetary.
High Court’s decision highlights danger in transferring mortgages
15 November 2007
The High Court, has recently held that a registered transfer of a mortgage under Torrens System legislation does not operate to transfer anything more than the rights expressly set out in the mortgage. Where the mortgage relies on an extraneous...Forgery and the danger posed by “all monies” mortgages
25 September 2007
A recent NSW Court of Appeal decision clarifies the law in relation to forged mortgages. Over the last few years there has been a string of cases which have refused to enforce mortgages using “all monies” drafting in cases involving fraud. The...Another case on mortgage fraud, but are you listening?
24 April 2007
A two lenders loaned on the same property, to the same fraudster but experienced different results when they attempted to enforce their mortgages. One was able to enforce his mortgage and the other had its mortgage declared a nullity. The only...When is a farm not a farm? Guidance from the Court of Appeal
27 February 2007
A radical experiment by the NSW legislature in the form of the Farm Debts Mediation Act to force creditors and farmers to mediate is now 12 years old. The New South Wales Court of Appeal, has recently given a new twist to what constitutes a farm debt...What can solicitors do to reduce mortgage fraud?
27 September 2004
Although identity theft by professional fraudsters gets a great deal of attention in the media, the bulk of mortgage frauds involve a friend or relative with convenient access to the certificate of title and/or the property. There are many actions...Page 7 of 7
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News Alerts
- 30 April 2012
Bransgroves submits EDR White Paper to the Government - 30 April 2012
Bransgroves makes a submission in response to ASIC Consultation Paper 172 - 21 February 2012
Charge documents under the PPSA - 21 February 2012
The release of security property under the PPSA - 15 January 2012
Personal Property Securities Register commences 30 January 2012
Our Case Results
- 03 June 2011
RHG Mortgage Corporation v Baira [2011] NSWSC 52 - 04 March 2011
Capital Access Australia v Hraiki [2011] NSWSC 109 - 17 February 2011
CBA v Usalj [2011] NSWSC 63
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