Mortgages:

Firstly, banks often make claims for debts or liabilities pursuant to a mortgage. A mortgage can be for a personal purpose (for example a mortgage to purchase a property in which an individual intends to live) or for some commercial purpose. Mortgage documents can be confusing, even if they are not voluminous. It is absolutely essential that mortgage documents be inspected by a mortgage solicitor before they are executed. A mortgage lawyer will be able to advice the client on the terms and conditions of the mortgage document so that the person taking out the mortgage understands the breach, termination, delay clauses as well as the repossession and notice. Obtaining proper legal advice from a Debt Recovery and Insurance Lawyer may be greatly beneficial to understanding the debt or liability that may arise from a mortgage.

Litigation can be used to challenge a debt arising from a mortgage. However, this can be expensive, stressful and time-consuming. Nevertheless, when a case is made, particularly against a Bank or some lending institution, all aspects must be attended to in detail before any statement of claim or application or summons is filed. Bank litigation in particular can be costly, which is why, where appropriate and possible, our Debt Recovery and Insurance Lawyers will attempt to resolve the dispute as quickly as possible through negotiated settlements of the complaints processes with the Code Compliance Monitoring Committee or the FOS, before any formal matter is filed with the courts. Professional legal advice in from a Debt Recovery and Insurance Lawyer may be of great assistance in this regard.

One simple way to deal with a claim by a Bank or lending institution is to find a defect in form or process and if appropriate and possible, use that as the basis for a defence or even a counter-claim. You may also be able to dispute that a breach has occurred, that notification requirements were not complied with and enforcement action has taken place in bad faith or improperly.

The team at Navado has members who have experience in both commercial litigation and civil litigation. This creates a synergistic cross-disciplinary legal front for any complex banking or financial dispute matter. Clients benefit by having litigation solicitors who share a knowledge pool form varying practice areas. This results in our ability to consider and asses a case from different perspectives and possibly different grounds of attack or defence  which might otherwise not have occurred to a specialised banking legal practitioner. Sound legal advice from a skilled Debt Recovery and Insurance Lawyer may be advantageous to ensure that any mortgage claim is properly drafted.

If you require assistance with a mortgage debt matter, you may wish to contact our firm on (02) 9233 4048 or send an email to info@navado.com.au and make an appointment to speak to one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.