Best Mortgage Lawyers in Australia

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E. P. Johnson & Davies
Melbourne, Australia

Founded in 1961
38 people in their team
English
Who we areโ€ฆHicks Oakley Chessell Williams is a well-respected law firm whose origins began in 1961 in Mount Waverley, an Eastern suburb of Melbourne.Hicks Oakley Chessell Williams is an incorporated practice, initially formed as a partnership in 2000 by a merger between the firms of Hicks...
Astuto Lawyers
Melbourne, Australia

Founded in 2015
25 people in their team
English
About UsDon Christie LLB (University of Tasmania)LLM and MTax (Monash) Graduate Diploma Securities Institute of AustraliaDon has extensive experience as a Lawyer and Public Company Director Working initially in private practice as an Associate at Wisewould Schilling and government practice with the...
Legal Solutions-Brown Rebecca
Launceston, Australia

Founded in 2008
3 people in their team
English
Rebecca was educated locally at the Launceston Church Grammar School before accepting a scholarship to study the combined degree of a Bachelor of Arts (English major) and Bachelor of Laws at the University of Tasmania in Hobart. Rebecca graduated in 1996 and was admitted to the degree of Bachelor...
Brand Partners
Melbourne, Australia

Founded in 1989
50 people in their team
English
About usUnderstanding where clients need to go and getting them there. That's what defines our firm Brand Partners is a long established Melbourne-based firm, working Australia-wide. We are a highly sophisticated commercial law firm that is not saddled with the institutional conflicts that large,...
Furler & Co
Clare, Australia

Founded in 2016
25 people in their team
English
Tania Furler BEd LLB (Hons) GDLPTania Furler is the Principal Solicitor of Furler & Co Barristers  and Solicitors. Tania graduated with a Bachelor of Laws with Honours  from the University of Adelaide. She is admitted as a Barrister and  Solicitor of the Supreme Court of South...
Matthew Verney Lawyers
Devonport, Australia

Founded in 1994
21 people in their team
English
about .Litigation (both commercial and civil), commercial law, family law, criminal law, conveyancing, wills & estates.In practising in those areas, we work hard to build a constructive and professional solicitor / client relationship, and always focus on furthering the clientsโ€™ best...
Fletcher Law
Perth, Australia

Founded in 2011
2 people in their team
English
ABOUTFletcher Law is a high quality, service oriented commercial law firm in Perth WA.Fletcher Law provides astute legal advice prioritising:Open and clear communication.Commercial and strategically sound legal solutions.High quality, timely client service.Our client base includes:High net worth...
RRR Lawyers
Carlton North, Australia

Founded in 1973
10 people in their team
English
About usRRR Lawyers is a progressive Melbourne law firm with offices in North Carlton and Dandenong. We have been serving the legal needs of businesses and protecting the rights of everyday Australians since 1973. At RRR, we pride ourselves on providing quality, cost effective legal services in the...
Peaston Legal Pty Ltd
Wahroonga, Australia

Founded in 2016
10 people in their team
English
The principal of Peaston Legal Pty. Ltd. is David Peaston. A member of the Law Society of New South Wales, he is a solicitor with extensive commercial experience. He has owned  and managed a range of medium and small businesses including manufacturing, boutique hotel and...
Johnston Withers
Adelaide, Australia

Founded in 1946
200 people in their team
English
Overview Founded over 70 years ago, Johnston Withers is a progressive and professional law firm. We combine our history, extensive experience, commitment to justice to deliver value across all your legal needs. Proudly South Australian with offices situated in the CBD and regional South...
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About Mortgage Law in Australia

Mortgage law in Australia governs the legal rights and obligations of borrowers and lenders in mortgage agreements. A mortgage is a legal agreement where a borrower offers real property as collateral to obtain a loan from a lender. If the borrower fails to repay the loan, the lender can enforce the mortgage to recover the debt.

Why You May Need a Lawyer

You may need a lawyer for mortgage-related issues such as foreclosure, breach of contract, loan modification, refinancing, or understanding your rights as a borrower. A lawyer can provide legal advice, negotiate with lenders, and represent you in court if necessary.

Local Laws Overview

In Australia, mortgage laws are governed by state and territory legislation, as well as common law principles. The key aspects of local laws that are particularly relevant to mortgages include foreclosure procedures, default and repossession rules, consumer protection laws, and mortgage registration requirements.

Frequently Asked Questions

1. Can a lender foreclose on my property?

Yes, if you default on your mortgage payments, the lender can foreclose on your property to recover the debt.

2. What are my rights as a borrower?

As a borrower, you have the right to fair treatment, privacy, and disclosure of all terms and conditions of the mortgage agreement.

3. Can I renegotiate my mortgage terms?

It is possible to renegotiate your mortgage terms with your lender, including refinancing or modifying the loan.

4. What is mortgage insurance?

Mortgage insurance is a type of insurance that protects the lender in case the borrower defaults on the loan.

5. How can I avoid foreclosure?

You can avoid foreclosure by making timely payments, seeking loan modifications, or selling the property to repay the debt.

6. What are the consequences of defaulting on a mortgage?

Defaulting on a mortgage can result in foreclosure, damage to your credit score, and legal action by the lender.

7. Do I need a lawyer for a mortgage contract?

While not required, having a lawyer review your mortgage contract can help you understand your rights and obligations.

8. What is the difference between a fixed-rate and variable-rate mortgage?

A fixed-rate mortgage has a consistent interest rate for the duration of the loan, while a variable-rate mortgage can fluctuate based on market conditions.

9. Can I transfer my mortgage to another person?

Some mortgages allow for the transfer of the loan to another person, but this typically requires approval from the lender.

10. How can I dispute a mortgage-related issue?

You can dispute a mortgage-related issue by contacting your lender, seeking mediation, or consulting a lawyer for legal advice.

Additional Resources

For more information on mortgage laws in Australia, you can contact the Australian Securities and Investments Commission (ASIC) or the Australian Financial Complaints Authority (AFCA).

Next Steps

If you need legal assistance with a mortgage-related issue, consider consulting a lawyer who specializes in property law or real estate transactions. They can provide guidance on your rights and options under Australian mortgage laws. It's essential to act promptly to protect your interests and avoid potential legal consequences.

Lawzana helps you find the best lawyers and law firms in Australia through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Mortgage, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Australia - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.