They took out a mortgage after being served but before they ever got in a court room. The law is so slow here that it could've taken years just to settle that issue. Probably easier to address post victory.
Isn't it in the duty of care of the bank to make sure that the property they give a mortgage on is actually owned by the mortgagee?
I would assume that you should get the land and the bank can then sue the brothers to get their money back. Why should the mortgage be transfered to the original owners, they never agreed to it.
Just to be clear, I'm not saying this is at all the desired outcome, that the people who have been swindled out of their property lose all their money.
I would assume that you should get the land and the bank can then sue the brothers to get their money back. Why should the mortgage be transfered to the original owners, they never agreed to it.