Expertise Mortgage Recovery

Mortgage Recovery

We are retained by banks and non-bank lenders to act in mortgage recovery matters, including matters involving fraud.

In acting for lenders, we regularly:

  • issue statutory notices for mortgage default
  • initiate proceedings for possession in the Supreme Court in the relevant state
  • take possession of properties after due process
  • advise on potential mortgagee sales that are likely to result in a recovery shortfall
  • act on the sales of security properties
  • act on the discharge of mortgages
  • contest defended mortgage recovery actions
  • respond to claims under the Contracts Review Act, National Consumer Credit Code, Australian Consumer Law (formerly Trade Practices Act and Fair Trading Act) and ASIC Act
  • respond to allegations of unconscionable conduct, and
  • investigate schemes involving fraudulent borrowing.

We also advise on:

  • mortgage recovery actions involving deceased mortgagors
  • sales by mortgagors that are likely to result in a shortfall of monies owed, including whether such a sale is in our client’s interests, and
  • alternative methods of obtaining possession of security properties, such as rent redirection and taking vacant possession.

To support cost-effective outcomes for our clients, our Mortgage Recovery team pursues alternative dispute resolution options where appropriate. We also consider legal options such as third party recovery and contribution that may improve our clients' financial outcomes.

 

Practice Manager

Rod Cameron

t +61 2 9293 5407
f +61 2 9264 4790
e rod.cameron@hicksons.com.au

 

Mortgage Recovery