Question
Elham is aged 80 and her son Stephen runs a caf that has been experiencing ongoing financial difficulties since the start of Covid. His bank
Elham is aged 80 and her son Stephen runs a caf that has been experiencing ongoing financial difficulties since the start of Covid.
His bank told him that they will only lend him money if someone acts as guarantor. Stephen asks Elham whether she would help him and be guarantor for his loan. Elham agrees but says she is not really sure what a guarantor is meant to do. Stephen says it's just a formality that the banks use.
A week later, Stephen and Justine, the bank manager show up at Elham's house. Elham shows them in and Stephen gets out a bit of paper and says mumI just need you to sign here.
Elham says, I'm not sure what all this is about but I just don't want to anything to happen to my house. Justine and Stephen say that everything will be fine.
Elham signs the document, where it says 'Guarantor.'
A few months later, Stephen goes out of business. Despite the loan, it wasn't enough to avoid financial ruin.
Elham receives a letter from the bank that says because she was guarantor of Stephen's loan, the bank needs to sell her house so they can receiver the $180,000 still owing by him
Advise Elham as to anything that can be done to save her house. Refer to any relevant cases in your answer.
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