Love for Life

U B THE JUDGE
An Australian Story - A Conveyancing Solicitor From Hell

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.