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In New Zealand, including the region of Whangamata, foreclosure is known as mortgagee sale. It is a legal process initiated by a mortgage lender or lender (the mortgagee) if the borrower (the mortgagor) defaults on their loan payments. The property is sold to recover the lender's costs, with any remaining proceeds, after all debt and costs are paid, returned to the borrower.
There are numerous instances where you may require legal help in foreclosure. If you're facing a potential mortgagee sale, a lawyer can help you understand your rights, review the mortgage contract, negotiate with the lender, or assist in setting up a repayment plan. A lawyer may also be beneficial if you plan on buying a property through a mortgagee sale, to ensure the transaction is legally sound and all potential risks are managed.
The Property Law Act 2007 governs foreclosure in New Zealand. The Act specifies how and when a lender can exercise its power of sale when a borrower defaults. It also outlines the borrower's rights, and the lender's responsibilities. For instance, the lender must provide at least 4 weeks notice to the borrower before selling the property, and must obtain the best price reasonably obtainable at the time of sale.
Not responding to a Property Law Act notice could result in your property being listed for a mortgagee sale. It's crucial to seek legal advice if you receive a Property Law Act notice.
In most cases, you can stop the process if you can repay the loan in default. You should contact your lender or seek legal advice to explore your options.
If the property is sold for less than what is owed, you will still owe the remaining debt unless the lender agrees otherwise.
Yes, if the conditions of the mortgagee sale allow it, you could potentially repurchase your property. However, typically, you would need to find third-party financing to do so.
Yes, the new owner, if it’s not the original lender, can take legal steps to evict the residents after buying the property.
The New Zealand Ministry of Justice provides resources on its website about the Property Law Act 2007. The Citizens Advice Bureau also has free impartial advice from a property lawyer. Community Law centers across New Zealand offer free legal advice and may be helpful in understanding foreclosure or mortgagee sale procedures.
If you're in need of foreclosure legal assistance in Whangamata, the first step should be to contact a local lawyer with expertise in Property law. It's recommended to prepare all relevant documents, including mortgage contracts and any correspondence with your lender, to aid in the discussion with your lawyer.
