Elderly Non-English Speakers

Ginelle Finance v Diakakis [2007] NSWSC 60

Mortgages were fraudulently registered over the land of the defendant in early 2001 and fraudulently refinanced in late 2001. The defendant discovered the existence of the mortgages and went to the police. The lender brought these proceedings and obtained summary judgement for possession on the basis of indefeasibility of title. The defendant brought cross-claims against …

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Mizzi v Reliance Financial Services [2007] NSWSC 37

The plaintiff (Mizzi) was a widowed pensioner of Maltese origin with very limited English and very limited IQ. She was asked by her grandson Stefan Martin Allan for a mortgage over her home. She duly mortgaged her home to clients of RL Kremnizer and when the mortgage went into default proceedings were brought for possession. …

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