:: Resulting Trust
 

  My ex-husband and I sold our marital home (owned jointly) to buy another property, but neither of our names was put on the title.

 

  The conveyancing solicitor put our money into someone else`s company which purchased two properties, with our money!

 

  This conveyancing solicitor did this without our knowledge or consent. Shortly after this time, my ex-husband transferred all his interests in the two properties to me, except for $20,000.

 

  I took the matter to Court to get the marital assets returned. The Judge dismissed my case. 

 

  I was bankrupted by the conveyancing solicitor, although I was solvent and this matter has not yet been finalised in the Courts.

 

  Now that conveyancing solicitor wants me to pay her $164,529.13.

 

  There have been Court injunction orders over the properties since 1999.

 

  According to the Law of Resulting Trust, I am the "owner in equity" of the two properties.

 

 

 

    




:: ITSA
 

  The Insolvency and Trustee Service Australia obviously agree with me.

 

  Here is an excerpt from their Report to Creditors about my financial position.

 

 

  Some of these figures are a little blurry, as I scanned in a faxed copy.

 

  It lists: Unsecured Creditors $164,798.13

              Secured Creditors Deficiency $0.00

              Total Unsecured Creditors $164,798.13

 

  Assets: Houses valued at $1,400,000

              Mortgage to Bank $237,161.00

 

  Surplus: $1,162,839.00 

 

 




:: Solicitor`s Claim
 

      This was prepared by ITSA and shows the conveyancing solicitor wants $164,529.13 from me.


 

©2007UBTheJudge

 

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