Question
Samantha and Jeremy have been married for 30 years. They own an unencumbered Torrens Title property together as tenants in common. When Jeremy decided to
Samantha and Jeremy have been married for 30 years. They own an unencumbered Torrens Title property together as tenants in common. When Jeremy decided to start up his own business 4 years ago, he asked Samantha to sign some documents for him. Before getting her to sign the documents, Jeremy told her that the documents she was going to sign were to provide him with a character reference so that he could go get a loan for the business. He told her it was urgent for her to sign the documents so he could go to the bank that day and apply for the loan. Trusting these statements, Samantha signed the documents without reading them carefully. This morning, Samantha and Jeremy received a letter of demand in the mail from Oz Banking saying that both Jeremy and Samantha have defaulted on their mortgage repayments and if they don't repay the debt in the next 4 months, Oz Banking will be entitled to sell their Torrens Title property as the loan is secured against it.
Is Samantha liable to repay the loan?
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