Origination

  • Pioneer Mortgage Services v Columbus Capital [2015] FCA 1067

    01 October 2015
    A securitisation funder bought a loan book associated with mortgages originally funded by a bank and became subject to the bank’s obligations in its origination deeds. The originator’s employee...
  • Xiao v Perpetual Trustees Victoria [2015] VSCA 124

    27 May 2015
    A husband obtained finance by transferring his home to his wife and applying for the loan in his wife’s name, forging her signature. The trial judge found lender was unable to rely on its mortgage...
  • Citigroup v Middling [2015] NSWSC 221

    16 March 2015
    A borrower on a disability pension was conned by a loan originator to borrow against his home to make an investment that would pay off his remaining mortgage of $15,000 and give him a good return....
  • Perpetual Trustee v CTC [2015] NSWSC 131

    01 March 2015
    This has been a long running saga. The registered proprietor's brother forged the mortgage. When the registered proprietor raised the forgery as a defence, the lender cross-claimed against the...
  • Perpetual Trustee v CTC [2015] NSWSC 130

    17 February 2015
    This has been a long running saga. The registered proprietor's brother forged the mortgage. When the registered proprietor raised the forgery as a defence, the lender cross-claimed against the...
  • Perpetual Trustees v Xiao [2015] VSC 21

    04 February 2015
    A husband wanted to purchase a restaurant but had a bad credit rating so he transferred his home to his wife and then forged her signature on the mortgage to finance his purchase. The loan went into...
  • Landa v Perpetual Trustees Victoria [2014] NSWCA 393

    16 November 2014
    We have previously reported the trial judge's decision in this case . A doctor was hoodwinked by a fraudulent mortgage broker. The broker told the borrrower he was going to invest money the doctor...
  • NAB v Smith [2014] NSWSC 1605

    12 November 2014
    A naive, simplistic salesman was talked into buying a two year old business where he worked as a salesman for $2 million. He had no inkling of the businesses financials but the bank did and...
  • Perpetual v CTC [2013] NSWCA 58

    20 March 2013
    The mortgage originator CTC was found liable to the funder for breaching its obligations of care under its mortgage origination deed. CTC had submitted a forged loan application and failed to verify...
  • Perpetual v Buttarelli [2012] WASC 512

    30 January 2013
    The lender obtained summary judgment. The borrower sought a stay a suspension order on the basis that the originator, as agent of the lender, had fraudulently prepared the loan application, or the...

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