TAS property law caveat release

[frank fogarassy]

hello . we had a caveat placed on are house by a second tier home leader (if you could call them a lender).. this was back in 2008.. we never signed a loan doc.... the only thing we signed was a Application for first mortgage loan. when i took all loan paper work to my own lawyer,he advised us not to sign it.. so we never signed loan doc. then this year 2017 we went to bank to refinace,and found out that we have a caveat..(caveat no:AF865475J).. doing same research,and i found out that they want almost $9000.00 to release the caveat....
we dont have that amount of money and we believe that they did nothing ffor us...
we already did,back in 2008 pay $2500.00 to start loan process as they required..and lost that money when we didn't sign loan.

please help. i have no idea where to start. i have all doc's to support my case. but no monery to go to court.

p.s. i new to internet and typing, so please be patient.

thank you
regards
Frank Fogarassy

 

[Lance]

Hi Frank,
That just doesn't sound right. Generally a caveat can only be applied if the party has an interest in the property. For this to occur you would have needed to sign with the lender. I'm at a loss to know what loan application requires $2500 prior to signing. You really need to go back through your contract documentation and see if you signed a preapproval. You may have to go back to the lender and get copies of all documents. I would be engaging a property lawyer as soon as possible.

 

[frank fogarassy]

hello . we had a caveat placed on are house by a second tier home leader (if you could call them a lender).. this was back in 2008.. we never signed a loan doc.... the only thing we signed was a Application for first mortgage loan. when i took all loan paper work to my own lawyer,he advised us not to sign it.. so we never signed loan doc. then this year 2017 we went to bank to refinace,and found out that we have a caveat..(caveat no:AF865475J).. doing same research,and i found out that they want almost $9000.00 to release the caveat....
we dont have that amount of money and we believe that they did nothing ffor us...
we already did,back in 2008 pay $2500.00 to start loan process as they required..and lost that money when we didn't sign loan.

please help. i have no idea where to start. i have all doc's to support my case. but no monery to go to court.

p.s. i new to internet and typing, so please be patient.

thank you
regards
Frank Fogarassy

i am in victoria .. dont know why it says Tas.... 1 more question: what is the minimum amount that a company/solicitor needs to be owed(on invoices)to be able to take out a caveat on your house....

 

[frank fogarassy]

Hi Frank,
That just doesn't sound right. Generally a caveat can only be applied if the party has an interest in the property. For this to occur you would have needed to sign with the lender. I'm at a loss to know what loan application requires $2500 prior to signing. You really need to go back through your contract documentation and see if you signed a preapproval. You may have to go back to the lender and get copies of all documents. I would be engaging a property lawyer as soon as possible.

hi Lance you are almost right. i did try for a loan (back in 2008)with a dodgy mortgage investment company... all we sign was a faxed copy of..titled: Application for First Mortgage Loan..

then they wanted $2500.00(cash) to sign Loan doc's. i had to go to Moonee Ponds to get doc's..they wanted me to use there solicitor... but i said no.. and finally they let me take doc's to my solicitor...within a minute he said do not sign these. so we didnt,and he even rang them to say no to loan. that was it. then came the caveat.... at the time it did not matter. now 2017 we tryed to re finance with our back,that when they told us about caveat.then i when back to my solicitor...he said they wanted $9344.13(including withdrawral caveat costs) to release house from caveat.he said that it would cost more to fight it in court then just to pay it..but we never took the loan....thats about it Lance... i have all doc's expect... sorry but get real pissed off when think about it.. thanks for listening.. i will answer all questions or show all doc's.... need help PLEASE

 

[Lance]

Hi Frank,
I'm not sure of anymore that can be done than what your lawyer has said. It probably would be costly.