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Homework answers / question archive / Rob was the registered proprietor of an unencumbered estate in fee simple

Rob was the registered proprietor of an unencumbered estate in fee simple

Law

Rob was the registered proprietor of an unencumbered estate in fee

simple. Rob travelled overseas for 12 months. Robs partner Rick, remained in Victoria for work purposes and one day located Robs duplicate Certificate of Title. Rick pretended to be Rob and sold Robs land and expertly forged Rob's signature on a transfer of land to Fiona. Fiona in due course became the registered proprietor of Robs land, as a bona fide purchaser for value without notice and took up residency in the property. The sale price was $650,000.00 paid for by Fiona with a loan for $400,000.00 from her Mortgagee, the Eastpac Bank of Wanderers Ltd (incorporated in Tasmania). The mortgage for $400,000.00 was also registered. Rob returned from overseas, and has discovered the true nature of affairs. Fiona:
a)      Cannot claim an indefeasible title because of Rick's fraud.
b)     Can claim an indefeasible title despite of Rick's fraud
c)      Can claim an indefeasible title because she is a bona fide purchaser for value without notice and is now the registered proprietor on the Certificate of Title; or
d)     Cannot claim an indefeasible title because the registration is void or voidable

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