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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22966
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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If a second mortgage is offered as security for a loan,but

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If a second mortgage is offered as security for a loan,but is not signed by all parties, is it legally binding?

Chris The Lawyer : Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.
Chris The Lawyer : It will be binding on the parties who have signed, but not on any party who has not signed.
Chris The Lawyer : this is a type of document where it is necessary to have written documents, and signatures.
Chris The Lawyer : It is possible that there could be an argument however that there was an implied term that all the parties would sign, and that it was not a concluded deal until that is done. But that would depend on the factual position
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