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QLD Registered Mortgage has 2 Names but Only One Signature?

Discussion in 'Property Law Forum' started by Charles Lane, 3 April 2016.

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  1. Charles Lane

    Charles Lane Member

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    The registered document shows both names and both have been witnessed but only one has signed. If both had the intent to sign then I assume the document could simply be withdrawn/replaced by another correctly signed and witnessed.

    The person (whose name is there but did not signed) claims that they had originally intended to be a mortgagor but changed their mind when it was not needed to obtain the finance. Clearly there was some intent when the original mortgage document was prepared that both be mortgagors. For whatever reason - mistake, change of mind - they have not signed the registered mortgage. In this instance, the mortgagee claims that both parties are mortgagors and the signature simply an oversight.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Charles, mortgage documents must be signed by all mortgagors and mortgagees. This is a legal requirement and a mortgage that is not duly signed and witnessed cannot be lodged with the LTO. If yours has there has been an oversight.
     
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