In the recent decision of the Queensland Court of Appeal in Barker v GE Mortgage Solutions Limited, the lender was successful in opposing the borrower’s attempts to reopen a 2007 ...
In the recent decision of the Queensland Court of Appeal in Barker v GE Mortgage Solutions Limited, the lender was successful in opposing the borrower’s attempts to reopen a 2007 loan secured by a residential mortgage.
In the course of what remains one of the most turbulent economic periods experienced, providers of financial services must remain vigilant when discussing, dissecting and analysing available market information and providing financial advice to clients.
Lenders in New South Wales breathed a sigh of relief earlier this month when the Supreme Court ruled in Bank of Western Australia Ltd v. Primanzon [2010] NSWSC 862 that two part-time commercial property investors could not claim relief under the Contracts Review Act 1980 (NSW) because the loans advanced
A buyer or incoming financier who fails to lodge a settlement notice or caveat to protect their position pending registration of their interest can be at risk that a judgment creditor will register a writ of execution on the title during the period between settlement and registration.
Incurring a shortfall is of concern for a mortgagee. However dealing with surplus sale proceeds after exercising power of sale or dealing with remaining securities after being fully repaid can also be matters for concern.
The Property Law (Mortgagor Protection) Amendment Act 2008 (Qld) commenced on 12 December 2008. It has ramifications for a mortgagee, an attorney for the mortgagor, or a receiver acting under a power delegated to the receiver by a mortgagee when exercising power of sale under a mortgage.
In Sablebrook P/L v. Credit Union Australia [2008] QSC 242 the mortgagee breached section 85 of the Property Law Act 1974 by failing to take reasonable care to ensure the mortgage property was sold at market value.
In Bahadori -v- Permanent Mortgages Pty Ltd (2008) NSWCA 150 (26 June 2008) the New South Wales Court of Appeal decided that a signed business purpose declaration was ineffective under section 11(2) of the Consumer Credit Code where the declaration was obtained after the credit contract was entered into.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.