A current affair disabled woman and sister evicted by bank and sheriffs 20191021 p5xdn4.html – Breaking News & Latest Updates 2026
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This was published 6 years ago

'They don't have a right': Disabled woman and sister evicted by bank and NSW Sheriffs

Steve Marshall
Steve Marshall

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When six New South Wales Sheriff's came banging on her door, Mary Green thought she and her disabled sister would still be able to live in the place they've called home for the past few years.

A Current Affair reporter Steve Marshall was on the scene as the sheriffs, on behalf of Westpac bank, escorted Mary and Nellie off the property into an idling police car.

The bank had run out of patience with Mary over her escalating mortgage debt.

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Nellie, Mary's sister, suffered brain damage from an aneurism.  A Current Affair

Mary thought their mortgage was paid off. The pair have lived in the home for the last few years. A Current Affair

What's worse, Mary says she doesn't owe the bank a cent because her house was now in the name of a trustee who'd paid the $1.3 million she owed.

"I had a lawyer on the phone and he said they don't have a right to (evict)," Mary told A Current Affair.

Tonight, Mary is in emergency housing and Nellie is staying with relatives.  A Current Affair

At the centre of this controversy is a three-page document Mary had stuck to the door her home before the sheriffs arrived.

It's a statement of claim from the Trustee filed with the NSW Supreme Court stating he was new owner of the home.

"His role was to pay out the debt and hold the house for Mary," David Tatana, a volunteer bank case officer who has been working closely with the Trustee, said.

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The bank had run out of patience with Mary over her escalating mortgage debt.  A Current Affair

Lawyer Richard Mitry examined the issue for A Current Affair and says the NSW Sheriff and Westpac may have ignored important obligations by not acknowledging the Trustee's statement of claim.

Tonight, Mary is in emergency housing and Nellie, who suffered brain damage from an aneurism, is staying with relatives. 

The NSW Sheriff's office declined to comment while Westpac says it followed a robust process including complying with court orders and state regulation. The bank's full statement is on our website. 

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Read Westpac's full statement here

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