QLD Putting Caveat on Property That I am Paying Mortgage For?

[Xena The Warrior Princess]

I have a mortgage that I am paying, and recently I heard that the person who is the sole owner of the property wants to sell it under my nose. Am I allowed to put the caveat, as we are going through property settlement and it is messy right now?

I need help in this matter urgently

Can anyone help me, please?

 

[Rod]

Yes you can place a caveat on the property.

 

[Xena The Warrior Princess]

Does anyone know a good lawyer who can do it for me? I live in QLD

 

[Rob Legat - SBPL]

Are they an authorised person on the mortgage? If not, they may not be able to sell the property without your permission. Any sale would need to arrange for the mortgage to be released.

If they are, I suggest you obtain a family lawyer who knows how to do this and arrange for undertakings to be filed with the court as to the manner in which the property may be dealt with. Just lodging a caveat only gives you a few months before it can be automatically removed unless you've started court action.

 

[Xena The Warrior Princess]

Are they an authorised person on the mortgage? If not, they may not be able to sell the property without your permission. Any sale would need to arrange for the mortgage to be released.

If they are, I suggest you obtain a family lawyer who knows how to do this and arrange for undertakings to be filed with the court as to the manner in which the property may be dealt with. Just lodging a caveat only gives you a few months before it can be automatically removed unless you've started court action.

I am not sure what do you mean by authorised person on the mortgage?

 

[Rob Legat - SBPL]

Are they a borrower under the loan agreement which the mortgage is security for? (either jointly or individually). If they're not, they may not be able to arrange the payout and closure of the loan - which means they can't get the mortgage released.

 

[Xena The Warrior Princess]

Are they a borrower under the loan agreement which the mortgage is security for? (either jointly or individually). If they're not, they may not be able to arrange the payout and closure of the loan - which means they can't get the mortgage released.

Both of us are borrowers! Does it mean that he cannot sell it without me?

 

[Rob Legat - SBPL]

No. If he's a borrower he's authorised to deal with the lender to payout the mortgage. I suggest you engage a family law practitioner.

 

[Xena The Warrior Princess]

No. If he's a borrower he's authorised to deal with the lender to payout the mortgage. I suggest you engage a family law practitioner.

What can I do?
Can you help?

 

[Xena The Warrior Princess]

What can I do?
Can you help?

Rob we are both borrowers!