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If you don’t meet your repayment obligations (this is called defaulting), the mortgage provider may send you a letter of demand. This is the first step of the debt recovery process.
1. Letter of demand
If your repayments become overdue, the lender will send you a demand letter. The letter details how much you owe in arrears (overdue repayments), and how long you have in which to pay this amount. The lender may first try to contact you to try to come to an arrangement, and only send you a letter of demand if this is unsuccessful.
The letter says how much you owe in arrears (overdue repayments), and demand payment by a specific date.
When you receive this letter, contact the lender and ask whether it’s possible to agree on a repayment programme which makes it easier for you to repay your debt (if you haven’t already done so).
If the mortgage provider does not agree to a repayment programme for you, get some legal advice and consider either selling your house or refinancing with another lender.
You can read our information about selling your house privately or through a real estate agent. If you sell now, you’ll probably get a better price for it than if it is sold at a mortgagee sale.
2. PLA notice
If you haven't paid back the amount specified in the letter of demand, the lender may issue a Property Law Act (PLA) notice, which states that you are in default and tells you to pay a certain amount by a certain date (which is at least 20 working days after the notice is issued).
If you haven't already done so, contact the lender about a repayment programme and/or get legal advice.
3. Foreclosure / mortgagee sale
If you don’t pay the amount specified in the PLA notice by the due date, the lender has the right to sell your property in order to recover the loan amount, interest and other costs.
They must take reasonable care to get the best price for the house, which can include getting an independent valuation and appointing a real estate agent to market the property. The lender may pass on these costs to you.
4. After the mortgagee sale
If the house sells for less than the amount you owe, you are liable for the shortfall. The lender may agree to enter into a repayment programme for the balance of your debt, or they could choose to take recovery action.
Reference: https://www.cab.org.nz/article/KB00001984 |
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