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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5044
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Our family lost my younger brother to a battle with rare

Customer Question

Hi there, Our family lost my younger brother to a long battle with rare cancer on the 31st December 15. He was had married and had my 5 yr old nephew. My brother & his wife had a mortgage and had to sell at a loss to not have the stress of the mortgage. $82000 remained on the mortgage and as far as I am know its still classed as a mortgage. On losing my brother, CBA got antsy and chased my sister in law for a guarantor. In good faith my older brother went guarantor for her. At that time the account was down to $27000 with an offset account against it and we weren't concerned. We have since found out she has redrawn the complete loan amount. We fear she is about to do the bolt with our nephew which is another matter we have had family law advice. She will have no qalms in defaulting on this remaining home loan. As my older brother was not part of the original mortgage documents (signing) he has limited power. Can he request to no longer be guarantor? Or is their anything else you can suggest.
Submitted: 2 months ago.
Category: Australia Law
Expert:  Daniel replied 2 months ago.

Hello

Well the issue he, he has gone guarantor, so regrettably he would be liable.

There are instances where the guarantor is not for the whole amount, however he is still liable.

You can make a complaint here:

http://www.fos.org.au/

Otherwise, there is a need to see what happened at the time of signing.

Expert:  Daniel replied 2 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 2 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 2 months ago.

Hello
I note I still have not received a response?
I wish to help you in this situation.

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