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