Hannah Harris and Patrick Iskander are best friends. They purchased a house at 5 Jasmine St, Dapto, (4/89746) in 2008, as tenants in common in 50/50 shares (don't worry about this term for now). Patrick wanted to start a cafe and started to look for a site.

In January 2015, Hannah decided to take an extended trip to New Zealand to visit her sick mother. Patrick said, 'No problem. I'll be super busy starting my new cafe." Hannah replied, "I am so happy for you. You know I'll do anything to help. Just let me know".

Patrick finds a suitable site for the cafe, and he approaches GPG Bank for a $250,000 loan to get his business going. The bank officer, Jun, tells Patrick that the Bank will need security. Patrick reveals that he owns a house with a friend. Jun says, "We will need you and your co-owner to come in to sign the loan documents. You will need to bring your passports and driver licences."

Patrick knows that any delay may lead to him losing the cafe site. He calls Hannah's sister, Brie, for advice. Brie says, 'Don't worry about it. I will come in and sign the documents for Hannah. Mum is pretty sick at the moment, so don't bother Hannah about it. We know she'd do anything to help you. I don't have her passport but ask if they will accept any other documents. Hannah left everything with me for safekeeping and no one has ever been able to tell us apart.' Jun tells Patrick that a driver licence, Medicare card and birth certificate will suffice.

On 5 February 2015, Patrick and Brie go to the bank to sign the mortgage contract. Patrick produces his passport and driver licence, and Brie produces Hannah's driver licence, Medicare card and birth certificate. Patrick and Brie sign the documents, with Brie signing Hannah's name. Jun witnesses the signatures. He notices that Hannah's driver licence is about to expire but doesn't think it is significant. As Brie and Patrick leave the office, another bank employee, Sienna, calls across the room, 'Hey Brie! How are you?'. Brie blushes and stammers, 'Oh hi, I'm..um...actually Hannah, Brie's sister. We look really alike. I don't think I have met you'. After Brie and Patrick leave, Sienna says to Jun, 'That's weird. I could have sworn that was Brie. We went to school together. Then again, I never really knew her sister. I thought she went back to New Zealand'. The mortgage to GPG Bank is duly registered through PEXA.

Patrick signs the lease for the caf site and the business initially goes well. However,through December, 2019 and January, 2020, Patrick's caf is threatened by bushfires. Roads are closed to everyone except residents, and business takes a sharp downturn. Patrick defaults on his repayments to GPG Bank. On 1 April, 2020 GPG Bank sends Patrick a notice informing him that the bank isgoingto exercise its power of sale. Patrick and Brie have to explain to Hannah how the mortgage came to be registered, including the fact that Sienna recognised Brie at the bank.

Hannah consults you about her situation. I need help legally advising Hannah