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Part 2: Hygothetioal Problem [25 marks] 4. Mr and Mrs Dng own a house, No. 55 Fragrance Avenue Singapore, as joint tenants. Mrs Dng is
Part 2: Hygothetioal Problem [25 marks] 4. Mr and Mrs Dng own a house, No. 55 Fragrance Avenue Singapore, as joint tenants. Mrs Dng is very excited that her sister, Rose, has sugested that she invest $1oo,ooo in a joint business venture. Mrs Dog had always wanted to start her own businas but Mr Dng had never allowed her to. Unknown to Mr Dog, Mrs Dng goes to Ever Heady Bank for a loan. She signs an Instrument of Mortgage in favour of Ever Ready Bank and forges her husband's signature on it. The Bank is aware of the forgery but does not do anything about it because it wants the business. One year later, the business fails. Ever Ready Bank exercises their right of sale as mortgagee and sells the house to Eric. Pursuant to the sale, the Bank signs an Instrument of Transfer in favour of Eric and he registers the Transfer at the Singapore Land Authority. Mr Dng is furious when he learns of the sale to Eric. He wants to claim the house back from Eric, arguing that the Mortgage is a forged document. [a] What is the effect of Eric registering the Transfer in his favour? [3 marks] [b] Is there fraud involved? Who is the party[s} involved in the fraud? [3 marks] [c] Where does Eric derive his title from and does it matter if the Mortgage is a forged document? Why? [3' marks] [d] In conclusion, does Eric have a good title? [2 marks] [e] If Mr Dog is to sue for the return of the property, will he succeed? Give reasons for your answer. If your answer is no, what can Mr Dng claim for? [5 marks]
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