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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44340
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Daniel, I received the judgement and they said that my home

Customer Question

Hi Daniel, I received the judgement and they said that my home has to be sold. When I read the documents they relied upon to make that decision they have omitted to include my affidavit submitted twice electronically of which they responded to the first saying that I had addressed it incorrectly and had to resubmit the letter. Even though how I had addressed it I exactly how his lawyer addressed the magistrate. They have given a two week period for me to sign the documetns to allow the sale. What do I do to have this decision reviewed and the impending sale at least stopped for the time being?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Morning,My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.You have to file an appeal ASAP.Contact the court and confirm whether they received the Affidavit. If not then you file the appeal on the basis that the filing failed and provide evidence of the submission.This is the only way you can have the decision re-looked at. If you do nothing they will proceed with the possession.I hope this makes sense and is of assistance. If there is nothing furtherthank you for using my services.If I have missed anything, or you have any further questions please let me knowIf there is anything else in the future please do not hesitate to ask.Please do not forget to leave positive feedback.RegardsLeon
Customer: replied 2 years ago.

Hi Leon,

I reeived the reasons for their decision just yesterday. Their basis for the decision seems reasonable IF the information they were basing it on was correct. But it isn't. One of the biggest points I argued is the fact that we signed a statutory declaration to the effect of me purchasing the home. The property was not on the market at this point. He then put it on the market just a week later because the mortgage broker i was using told him my finance application was declined (but omitted to tell him the lender they went to first wasn't appropriate and that they were resubmitting with another). So he gave me only 1 week to get finance which is unrealistic and after putting the property on the market i told him to take it off as i had conditional finance approval. he refused, accepted an offer and now we in the current predicament. The magistrate seems to think that the property was already on the market when we signed the stat dec agreeing i would buy it. It wasn't. Today was my deadline to sign the sale documents if not he was getting the mag to do it. I will submit the appeal but could you inform me exactly what form to complete?

Expert:  Leon replied 2 years ago.
Good Morning
Did you sign a contact?
It is not relevant if the property was on the market or not. If you signed a statutory declaration to say you were buying it then that is a legal document that can be relied on.
You have 28 days to submit the appeal from the date of the decision. So if the 28 days have not expired do it today
Go to the court with the decision and advise you would like to file an appeal and they will assist you.
Customer: replied 2 years ago.

at the time of agreeing on who would have what the property was not on the market. the property is in his name alone, i'm on the loan. how come the court is allowing the sale to proceed then if they have seen the signed stat dec agreeing to sell to me? his lawyers keep saying i've been unable to provide 'unconditional' finance approval. Which is true as i have no signed offer and acceptance (he wouldn't give me one) and also my initial pre-approval has expired. My submission to the court a month ago explained why i haven't reapplied for finance until I got confirmation he had to cancel the current sale agreement- because every application hinders your credit rating and doing another with the hope the magistrate would then say yes sell to her was risky for me.

Expert:  Leon replied 2 years ago.
Good Morning
It is not relevant if it was on the market or not.
When you say the property is in your name and the loan in your name, did you settle and hand over the money?
What is the judgement for?
This si completely different to your original question. You asked what happens when your affidavit was not included when the court made its decision.
I have advise you to appeal the decision.
What you are raking now is completely confusing and you are asking me to determine evidence and is it not a simple task.
I am not even sure what you were sued for.
This is a new question and you should start a new post and explain what happened in detail.
Please rate my work for the initial question and open a new post about the issues.
Thank you.