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Foreclosure is a legal process that allows a mortgage lender to recover the amount owed on a defaulted loan by selling or taking ownership (repossession) of the property securing the loan. The foreclosure laws in Hong Kong operate under the Common Law system and are similar to those in the UK.
The process begins when a borrower fails to make their agreed-upon mortgage loan payments. The lender, usually a bank, will then start the legal process to sell the property to recoup the outstanding mortgage debts. In Yuen Long, Hong Kong, a foreclosure action must be started in the Court of First Instance of the High Court.
Consulting with a lawyer in foreclosure cases is highly advised due to the complexity and potential pitfalls of the legal process. An experienced lawyer can help in several ways:
* Ensure proper procedures are followed by the lender or bank
* Challenge the foreclosure if the lending institution has not followed correct procedure
* Negotiate with the lender to arrange a repayment plan or alter the terms of the loan
In Hong Kong, the Mortgage Rights of Redemption Ordinance, Cap. 279, offers protection to borrowers in case of a foreclosure. The law emphasizes that borrowers can redeem their property at any time until it is auctioned or sold. However, a court order may extinguish these redemption rights.
A further layer of protection is the prohibition on mortgagee under-selling. This is the selling of property for significantly less than its value. In Hong Kong, this is considered a breach of duty as it does not maximally reduce the debt owed.
If you can't meet your agreed-upon mortgage payments, your lender may start foreclosure proceedings. You may lose your property, and it may be sold to pay the overdue amount.
Yes, it is possible to stop a foreclosure process. You may reach out to your lender to negotiate new loan terms or a payment plan. Having a lawyer can facilitate this process.
The length of a foreclosure process can vary significantly and could take several months to a few years, depending on the specifics of the case and any complications.
Redemption rights allow the borrower the opportunity to buy back their property after the foreclosure. In Hong Kong, this right can be exercise at any point until the property is auctioned.
If your property is sold for more than the sum of your outstanding debt, the extra money will be returned to you after subtracting costs related to the sale.
The Hong Kong Judiciary maintains a comprehensive website with vast resources on foreclosure and other legal proceedings. The Hong Kong Law Society can also provide advice and access to legal practitioners specializing in foreclosure matters.
If you are facing the prospect of foreclosure, consider seeking legal advice immediately. A lawyer will guide you on the legal implications and the different strategies you may adopt. They should understand your situation, provide clear advice and assist in negotiations with your lender to work out a possible resolution.
