Question
Dorothy was the Registered Proprietor of an estate in fee simple in Katoomba that had been left to her in her mother's will. Dorothy has
Dorothy was the Registered Proprietor of an estate in fee simple in Katoomba that had been left to her in her mother's will. Dorothy has recently retired, and thought it was time for a quick getaway to somewhere nearby. She booked a holiday for herself to Tasmania. Before departing, Dorothy took a number of important possessions, including her passport and the Certificate of Title, and left them in a safety deposit box at the Advance Bank office in Katoomba.
Blanche saw on Facebook that her twin sister Dorothy was on holiday. Blanche has always resented the fact that her sister had been left the Katoomba house in their mother's will, and she really wanted to get back at her. Blanche knew Dorothy had a safety deposit box, and thought she might see what was inside. Blanche was able to access the safety deposit box - because of course her sappy sister would use their mother's birthday as the code - and removed
Dorothy's passport and the Certificate of Title to the property.
Blanche has always wanted to go to Las Vegas. Impersonating Dorothy she approached a loan officer at the Advance Bank and requested a loan for $250,000 using Dorothy's passport as ID along with some of Dorothy's mail that she had stolen from her letterbox. In exchange for the loan, Blanche signed two documents: a loan agreement with all the terms and conditions of the loan (including a personal covenant to repay the loan) and a Mortgage dealing which stated that the mortgage secured "all monies owing under the Loan agreement and any other finance agreement between the parties". The Advance Bank subsequently registered the Mortgage.
Upon her return, Dorothy began contemplating the idea of making a sea change and moving somewhere closer to the water. She decided therefore to sell her property in Katoomba. Eventually she located an interested buyer and was shocked to discover that there was a registered mortgage on the title.
Dorothy seeks your advice as to whether there is anything she can do to remove the mortgage from her title.
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