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Any Legal/Lawyer Types Here? (VIC)

Discussion in 'The Pub' at netrider.net.au started by 2wheelsagain, Jul 13, 2007.

  1. Mrs 2wheelsagain's boss is selling a property. Auction is in a couple of weeks. Apparently she has just discovered someone has placed a caveat on the property for none payment of some "fictitious" debts. There was no court hearing etc.

    My questions:
    Can a caveat be placed without the knowledge of the owner?
    Does the owner have any right of reply?
    How does she remove the caveat and clear her name?

    It sounds a bit like extortion to me in a similar way that people go around putting restraining orders on everyone without much evidence of threat etc. (OT but you get the picture)

    Anyway the property was going to be sole to fund the branch Mrs 2wheelsagin is setting up in the US. The caveat was placed by the #1 competitor to as far as I can see stifle this development and ruin a viable family business.

    It doesn't seem right to me and maybe I haven't got the whole story but Mrs 2wheelsagain only found out yesterday (she is an unofficial partner) so I assume its just become known to all.

    Any thoughts or steps boss should take?

    Thanks for reading.

  2. Yes a caveat van be placed on property, finance companies, ex wives and banke do it all the time.

    It's not (really) a right of reply as such, but depending on the type of caveat depends on what happens.
    With some caveats once it is "triggered" the caveator has to prove its worth within so many days or it goes away. The caveat is there as a "warning" (to a buyer) that someone else has an interest in the property and it warns the interested party that the property may be sold.
    With other types (those connected to a morgatage for example) proof the debt has been discharged is needed.

    PM Me I can advise more.