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Free Guide to Hiring a Real Estate Lawyer
Foreclosure in Sheung Wan and wider Hong Kong is a legal process where a lender attempts to recover the balance of a loan from a borrower who has stopped making payments. Hong Kong is governed principally by common law principles wherein the lender has the right to sell the mortgaged property if the borrower defaults in paying the instalments or breaches any term of the mortgage agreement. The process tends to be a long, drawn-out legal affair that can take up to a year to resolve.
Engaging an experienced foreclosure lawyer is essential when you're facing potential foreclosure, or if you're considering suing your lender for unlawful lending practices. Lawyers knowledgeable in foreclosure laws can negotiate with lenders on your behalf and potentially arrange a repayment plan that could prevent foreclosure. They could also defend you against predatory lending practices and ensure your rights are protected.
Foreclosure laws in Hong Kong are governed by the Conveyancing and Property Ordinance and the general law. Once default takes place, the lender usually sends a legal notice known as a demand letter to the borrower requesting payment. After four weeks, if there's no payment, the lender may take possession of the property. The lender, however, must take reasonable precautions to ensure the foreclosure sale price is fair. If these processes are breached, the foreclosure proceedings might be invalidated.
It's recommended to seek legal advice as soon as you suspect you might fail to make loan repayments. Lawyers may help negotiate a loan modification, refinance, or repayment plan.
In Hong Kong, once the foreclosure process is complete, regaining your property is generally not possible unless ruled otherwise by the court or there's some agreement with the lender.
Legal counsel can advise on possible options to delay foreclosure such as filing a legal case, getting a court injunction, or entering into debt counselling.
Once a property is foreclosed, the new owner (usually the lender) has the right to serve legal notice to existing tenants. Legal counsel can help tenants understand their rights and obligations in such situations.
Yes, you can sue your lender if you believe they've acted in bad faith, misled you, or failed to act in accordance with Hong Kong's consumer protection laws. Always consult a lawyer before initiating such actions.
In addition to hiring an attorney, individuals may find the following resources helpful: the Hong Kong Department of Justice, the Consumer Council, and the Hong Kong Monetary Authority. These institutions provide guidelines and resources which can greatly assist someone amidst a foreclosure process.
Should you need legal assistance in foreclosure, your first step should be finding a foreclosure attorney who is familiar with Hong Kong laws. They will provide advice tailored to your circumstances, which might involve negotiating with your lender, helping ensure all lending laws were followed, or possibly taking your case to court.
