Hi Leon, My company (GGJ) is a guarantor of a loan I have…

Hi Leon,

I have the gist from reading the guide to caveats from the DNRM QLD. I appreciate your advice but do I need a QLD solicitor? I am willing to give the company consent to the caveat. If I need to, I will sign a form 18. I would be willing to argue in court that the bank has acted improperly. For example they have not given me proper notice.

thanks,

Paul

Hi Leon,

I have read the manual for caveat Form 11.

the interest is the $300k and my consent to the property as security, is that right? what's the correct wording?

On the Form 11
Item 3; is this the correct wording?
an equitable interest as mortgagee of an estate in fee simple

Item 4; is this the correct wording?

pursuant to an unregistered mortgage in registrable form dated [date] executed by [registered proprietor] to secure to [caveator] the money therein stated
Does this then need a general consent form 18?

or
pursuant to clause number [number] in agreement between [name of parties] dated [date]charging the property to secure to [caveator] the money therein stated
Does this then need a general consent form 18?

Item 7; what lines do I cross out?

thanks Paul

Hi Leon,

what is an unregistered mortgage? do you just fill out the Mortgage form 2?

or Can I just have an agreement document?

thanks Paul

Hi Leon,

That is really good. I am just checking if I understand it all. I am just checking if I have another question and will respond soon if that is OK.

Thank you,

Paul

Hi Leon,

so the only line not deleted would be the first line:

this caveat is withdrawn by the Caveator

thank you,

Paul

Hi Leon,

I am certain that the line refering to the instalment contract is deleted also leaving only the line above: this caveat is withdrawn by the Caveator

Item 3; do I say the word mortgagee if it is just a written agreement. Is this correct for item 3

an equitable interest as mortgagee of an estate in fee simple

Item 4 is this correct?

pursuant to clause number 1 in agreement between Goomai Guberi Jalumba Pty Ltd and Paul Mark Herman dated 01-07-2013 charging the property to secure to Goomai Guberi Jalumba Pty Ltd the money therein stated

Does it look right?

Thank you so much for all your help.

Paul

Hi Leon,

so the company is a mortgagee even if a mortgage is not written?

The manual seemed to want a clause number and the wording as I have written it. does it look right?

I will leave positive feedback you have been very helpful.

thank you,

Paul

the agreement just says the properties are security. is that a mortgage? the term mortgage is not used.

Hi Leon,

the properties are security for the loan. Not a mortgage?

thanks for being so patient and answering so many questions

Paul

Leon thank you so much. send me through to the recommendation section.