Elderly Non-English Speakers

RHG Mortgage Corporation v Baira [2014] NSWSC 849

Two sets of parents gave guarantees and mortgages for a loan to their children who were married to each other. The loans were then transferred to a different bank and the parents became borrowers and mortgagors, with one of the children’s properties released from the security. The parents argued that their change of status was …

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Bank of Western Australia v Tannous (No. 4) [2013] NSWSC 182

BankWest claimed possession from two elderly non-English speakers. The parents defended on the basis that the loan were forged by their son, or that the contracts were unjust under both the Contracts Review Act. In a sworn affidavit the son admitted he forged the BankWest loan. He also admitted forging an earlier ING mortgage which …

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Karamihos v Bendigo and Adelaide Bank Limited [2013] NSWSC 172

This case involved elderly couple with limited English who had always been very highly geared and had a history of numerous loan refinancings. The refinancing of their existing home loan was approved upon the basis of their exit strategy, namely the sale of their commercial property, valued optimistically by the husband at $2m. It was …

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Provident Capital v Naumovski [2013] NSWSC 40

A husband and wife mortgaged their home for the benefit of their daughter and later refinanced these loans twice. The parents did not receive any of the loan monies and claimed they were the victims of their daughter’s fraud. The lender sued to enforce its mortgage and the borrowers brought a number of defences, including …

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Bank of Western Australia v Tannous [2012] NSWSC 559

A son allegedly forged his mother’s signature on mortgage given to Firstfolio. The Firstfolio mortgage was subsequently refinanced by a mortgage given to Bankwest. This time the mother’s signature was allegedly forged by the father. Bankwest claimed possession. The mother defended on the grounds of fraud and unjustness under the Contracts Review Act. Her circumstances …

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Butler v Vavladelis [2012] VSC 186

The lender obtained orders for possession of the house of elderly Greek pensioners. They now apply to have the judgment set aside on the basis that their signature on the mortgage was a forgery by their daughter. Failure to appear and delay issues The court found that the failure of the parents to file an …

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Perpetual Trustee v Milanex [2011] NSWCA 367

A 74 year old man pensioner who spoke little English was hoodwinked into signing a mortgage. The money went to the fraudster and the court set aside the mortgage under the Contracts Review Act. The lender sued the mortgage broker alleging that the broker had verified the borrower’s identity and that the borrower was a …

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Fast Fix Loans v Samardzic [2011] NSWCA 260

This was a decision of the Court of Appeal damnifying a lender who had loaned money on a mortgage given by elderly non-English speakers for the benefit of their property developer son. The Court of Appeal affirmed the decision of the trial judge in a unanimous judgement. The only novel aspect of the transaction was …

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CBA v Usalj [2011] NSWSC 63

At the hearing of this matter the guarantors sought an adjournment as they had not yet served their evidence. The adjournment was denied, the guarantors did not participate in the hearing, and the bank obtained judgment. Four of the guarantors (the father, mother, sister and wife of the borrower) sought to have the judgment set …

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Adelaide Bank v Abdelkodous [2011] NSWSC 32

The loan was secured by the parents’ property. The bulk of the funds were paid directly to the son. The bank obtained default judgment and the parents sought to set it aside claiming that the son forged their signatures on and that the father was not even in the country at the time. A draft …

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