Question
Alec wants to buy a unit. He approaches two of his closest friends, Omar and Mohammed for a loan. Omar and Mohammed agree to loan
Alec wants to buy a unit. He approaches two of his closest friends, Omar and Mohammed for a loan. Omar and Mohammed agree to loan Alec $200,000. Both Omar and Mohammed contribute to the loan equally. The loan is to be secured by way of a mortgage. Omar and Mohammed are then registered as joint proprietors of the mortgage. Two years later, Omar dies in an accident. Alec has always made his repayments on time and continues to do so. Omar's nephew and sole beneficiary under his will, Manny, claims that he is entitled to Omar's share of the repayments under the mortgage. Mohammed disagrees and instead believes that the entire amount should be his. Advise Mohammed as to whether he is entitled to the full benefit of Alec's mortgage repayments. Please answer by four steps: A. Key legal Issues B. Principles and Authorities C. Application D. Conclusion, Remedies and Advice
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