LAND LAW QUESTION: Roberto enters into a contract of sale to purchase land in Geelong from Dilan. Roberto pays a deposit and signs the contract with settlement to occur in two months. Big Bank approve a mortgage for Roberto and prepare the deed of mortgage for registration at settlement. Roberto’s conveyancer prepares the transfer documents. Upon receiving the signed transfer from Dilan’s conveyancer, Roberto’s conveyancer accidentally registers the transfer prior to settlement. Big Bank then seek to have their mortgage registered so that the loan funds can be released. However, before the mortgage with Big Bank can be registered, Dilan lodges a caveat. Explain the legal interests of each of the parties in this situation and what action, if any Dilan can take .
LAND LAW QUESTION: Roberto enters into a contract of sale to purchase land in Geelong from Dilan. Roberto pays a deposit and signs the contract with settlement to occur in two months. Big Bank approve a mortgage for Roberto and prepare the deed of mortgage for registration at settlement. Roberto’s conveyancer prepares the transfer documents. Upon receiving the signed transfer from Dilan’s conveyancer, Roberto’s conveyancer accidentally registers the transfer prior to settlement. Big Bank then seek to have their mortgage registered so that the loan funds can be released. However, before the mortgage with Big Bank can be registered, Dilan lodges a caveat.
Explain the legal interests of each of the parties in this situation and what action, if any Dilan can take .
Step by step
Solved in 4 steps