VIC Incorrect Property Title Holder on Caveat - What to Do?

[Jojo74]

Hi,

My ex's mother has put a caveat on my property, listing her son/ my ex as the title holder. There is a loan agreement between his mother, who lent myself and my ex money to pay the outstanding arrears on my home loan. I was only days away from eviction by the sheriff's office.

My ex arranged everything. I have never met his family. I am currently being treated for sever anxiety and depression. My ex has terrorised me since late 2013, there is a full intervention order in place. The money was transferred 3rd Nov 17.

On 12th Nov 17, I had not yet sighted the agreement and had only became aware of some of the conditions during an argument via text messages. The loan agreement contains a clause that I was to add my ex to the property title within 3 months.

The loan agreement is dated 18th Nov 17.

I did not see the loan agreement or sign it till the 30th Nov 17. His mother had already signed it, it was witnessed by her daughter, my ex's sister. My ex had signed it without a witness. I feel I was forced to sign it as my ex told me several times if I don't sign it I have to return the money straight away. So I signed it, without a witness present. I later discover the loan agreement is $6000 more than what was transferred to my loan account.

Whilst caring for my ill father my ex kicked me out of my house on 23rd Dec 17. He did not live with me, he did have a key to my security door to feed my pets.

Late January after he was released from remand center, broke into my house, was granted an interim intervention order against me preventing me from accessing my property at all, lodging a caveat the same day.

His mother then lodged another caveat 2nd Feb 18 listing my ex as the title holder.

I continually requested account details to repay what went into my account until late Feb. I regained access to my property 7th March to find all my belongings missing or damaged. I have since refused to repay any money.

My father recently passed away and now I found out about these caveats.

Any help would be appreciated, thank you in advance.

 

[Clancy]

Well, as unfavorable as the terms may be, you got to keep a property that would have otherwise been lost to the sheriff, so don't say you were 'forced' to sign it, as if to say you had other options, when you clearly did not.

When you say 'ex', are you talking about the type of ex relationship that requires a property settlement? Because the family court will cut through all the crap/caveats, contracts, other tricks and everything else like a hot knife through butter to get a fair property settlement.

 

[Jojo74]

If I wanted an opinion I would ask a friend Clancy. Based on your comment one might be mistaken for thinking you know more than I do about this whole situation?

I have always been fair, I will always continue to be fair.

 

[Rod]

This is a messy situation with multiple issues and suspect you need the advice of a lawyer.

 

[Jojo74]

This is a messy situation with multiple issues and suspect you need the advice of a lawyer.

Hi Rod, yes it is very messy when it should not be. It should be a fairly straight forward breakup. The only outstanding issue was for me to return the money loaned, my ex to return my house key and or collect any of his belongings.

Shortly after I posted this question I received confirmation that my case has been taken on by a lawyer who I believe is very good. I only ever expect what is fair, fingers crossed that will be the outcome.

Thanks Rod

 

[Jojo74]

Well, as unfavorable as the terms may be, you got to keep a property that would have otherwise been lost to the sherif, so dont say you were 'forced' to sign it, as if to say you had other options, when you clearly did not.

When you say 'ex' are you talking about the type of ex relationship that requires a property settlement? Because the family court will cut through all the crap/caveats, contracts, other tricks and everything else like a hot knife through butter to get a fair property settlement.

Clancy, I am very confident the judge will cut through all the crap my ex has been busying himself with.

 

[Clancy]

Clancy, I am very confident the judge will cut through all the crap my ex has been busying himself with.

Indeed they will, the courts have seen it all and heard it all many times before.

 

[Jojo74]

Indeed they will, the courts have seen it all and heard it all many times before.

Agreed so anything else you would like to add that is actual options or would you like to continue to humour me?

 

[Tim W]

Agreed so anything else you would like to add that is actual advice or would you like to continue to humor me?

No need to be ungracious.
@Clancy may not be a lawyer, but he's made some effort to help,
when he could just as easily have remained silent.

And, since you say that you now have a lawyer,
then be guided by them. You have no further need of us.
Best of luck to you.

 

[Jojo74]

No need to be ungracious.
@Clancy may not be a lawyer, but he's made some effort to help,
when he could just as easily have remained silent.

And, since you say that you now have a lawyer,
then be guided by them. You have no further need of us.
Best of luck to you.

I'm far from ungracious, I was not asking for opinions. I hold a great deal of respect for the court system and I hold a lot of faith in the judges to do their job, as like with any job the longer you do it the more fine tuned you become.

I'm sorry but nothing Clancy said was helpful nor relevant as I am not trying to pull the wool over anyone's eyes. Clancy seems to assume that is what I am trying to do and it is not appreciated, thank you.