Advise anna in two circumstances

Reference no: EM133499895

Case: Anna is the registered proprietor of land at Peakhurst. She is 85 years of age and her daughter Felicia provides her with considerable assistance. Felicia has three children and her husband has recently lost his job. Felicia approaches XYZ Bank for a loan to tide the family over during a difficult time. The Bank tells her that she could borrow more money and at a lower interest rate if she could secure the loan by mortgage. Felicia is sure that her mother, Anna, would like to help them out but she does not want to bother her mother with the details as it would confuse her. Felicia takes her mother's certificate of title from her documents drawer and forges her mother's signature on the mortgage form. Felicia signs the form as a witness. She takes the documents to the Bank and the Bank duly registers the mortgage.

Felicia cannot make the mortgage repayments and the Bank wants to exercise the power of sale.

Question: Advise Anna in two circumstances. First, if the mortgage were signed in 2010 and secondly, if the mortgage were signed in 2015.

Reference no: EM133499895

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