August 30, 2017 Cogent Lawyers

Background:

A lender had commenced supreme court proceedings against our clients seeking to obtain an order from the court to take possession of their house and sell it pursuant to an unregistered mortgage. Problem was our clients had no knowledge of this alleged loan and mortgage.

Turned out that our client’s son had forged their signatures without their knowledge or consent. Obviously, the lender did not accept this explanation. Luckily for our client, Mr Zraika is a member of the Legal Aid NSW Civil Law Panel. Accordingly, our client was assessed and met the criteria for a grant of legal aid to fund her legal defence.

Confident in our knowledge and experience in property and contracts law we defended the matter, in which the lender joined 8 separate parties to the proceedings seeking damages. Ultimately, after all the evidence was served it was apparent to the Lender that its came against our client would not succeed.

Outcome:

After a heated mediation, the matter was ultimately settled and our client had her costs to legal aid paid by the Lender, and the proceedings against her dismissed.

Our client was extremely pleased with the outcome and continues to refer family and friend to our firm.