Setting Aside A Guarantee - Unconscionable Conduct

When a guarantee (that secures the obligations under a mortgage) is obtained in circumstances that are unconscionable the court can order a wide range of relief.

Often the basis to set aside a guarantee, on the basis of unconscionability, will involve some of the following conduct: -

the lender knows the transaction is for the benefit of someone other than the guarantor;
the lender knows the guarantor has poor english (or limited understanding);
etc.

If you are a victim of unconscionable conduct then you may have rights to "attack" the relevant transaction.

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