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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My husband passed away in July 2001. I had to sell the

Customer Question

My husband passed away in July 2001. I had to sell the family home as he had no Will in place and after probate I was not awarded the Death Portion of my husbands Superannuation policy with Tower Life (even though he was employed by his company for 12 years).
At this point I sold the family home and just managed to get enough to use as a deposit for another much smaller cheaper home. After a time I met a gentleman who talked me into refinancing my home to complete some renovations. My original loan was with ANZ - the refinance was through Pepper Home Loans and both our names were included. However, I found out that my partner owed $50,000 to the ATO and $20,000 to the department of housing. Pepper Home Loans should never approved this loan. I feel that I was extremely miss-informed and as a result lost my family home. I understand that with all loans that a credit check is always completed so I fail to understand that his extreme debts were not brought to my attention at that time. If I had been informed of his past extreme debt situation I would have not entered into this joint loan and as a result lost my home. Is there any legal avenue for reimbursement in any way. I wish to Sue Pepper Home loans for their complete miss-informing me with my family home. Kind Regards ***** *****
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

Did you take out the loan jointly? Was it in both names?