Torrens Assurance Fund

Titles Strata Management v Nirta [2015] VSC 366

The case has been the subject of an earlier case note, where it was held that the wife’s signature was forged and while the fraud could not be sheeted home to the lender, the covenant to pay in the loan was not incorporated into the mortgage and so the mortgage secured nothing. The matter before …

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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 Coppola [2012] NSWSC 1495

The wife argued that she signed a mortgage because of her daughter’s dishonesty and the husband argued that his daughter signed as his attorney without authority. Consent judgment was obtained against the wife. The husband and wife after considerable delay sought to bring a cross-claim seeking declarations that the mortgages were procured by fraud and …

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Solak v Registrar of Titles & Ors [2011] VCCA 279

A mortgage was forged and the defrauded owner of the property brought proceedings against BankWest to have its mortgage removed. The owner failed because although the mortgage was a forgery, it was found to be indefeasible. The owner then instituted proceedings against the Registrar of Titles seeking compensation fromt he Torrens Assurance Fund. The Registrar …

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