by BUTTONS  13/11/2012  1278 Page Views
6 Comments  Commercial law, litigation, contracts, IP, property law
I have a caveat over a property a family member bought by borrowing money over my home.
I had assisted them by lending almost $200,000 drawn from a mortgage in my name over my home, so they could purchase a house. 2007.
They had promised verbally to discharge the mortgage over my home by taking out a loan to discharge the debt, within two years.
They also agreed to put this in writing in a Statutory Declaration stating they had borrowed the money and were responsible for any interest accrued on the mortgage, and to lodge a Caveat against their new property that confirmed their debt to me for the money I loant them.
When the property was purchased the family member kept dodging signing the Statutory Declaration, and the caveat was never lodged.
I foolishly trusted them to honour their word.
I went through a very difficult period of ill health and struggled to pay (their loan) mortgage on my home for almost 3 years.
When other family members chided them for not paying anything they began to pay the bare minimum which was not reducing the initial debt.
I became worried about the discharge of the mortgage due to my failing health, so I filed a Caveat on the property they had bought.
This year the family member contacted me in a very abusive and threatening manner demanding I lift the Caveat.
They threatened to take me to the Supreme Court to lift the Caveat.
They engaged a lawyer and filed in the Supreme Court to lift the Caveat.
I had no choice other than to engage a lawyer to defend the Caveat as I have no way of clearing the debt over my home due to ill health and age.
I am now on a Disability Pension and the mortgage repayments necessary to reduce the capitol owing cost 6/7ths of my Pension.
All the money I had saved for a Prepaid Funeral and ongoing household costs has been used to defend the Caveat and I now have to pay the lawyer quite a few thousand dollars of the remaining costs of defending the Caveat.
At least the Caveat is established firmly and upheld by the Supreme Court, but that does not solve the problem of the debt over my home, that I am still struggling to pay off.
I cannot afford to retain the lawyer and he cannot work for me for free.
I was advised by the lawyer, to get a Supreme Court Declaration that the family member owes me the money.
Can I apply for this myself?
How can I get this Declaration from the Supreme Court?
Does anyone know where I can find a copy of the format to use or the order in which to do things, and what documentation is required?
I am capable of doing my own typing etc.
Any advice would be most appreciated.