About Home Repossession
Learn more about sending a letter of demand in WA.
When you're ready make a quick enquiry.
- Our Process
- Helpful Information
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss your debt problem in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Appointment with our debt lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience.
Sound legal advice & pathway forward
Armed with confidence in your debt lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with letter of demand experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
What is your position
If you have received a letter of demand there are several options depending on the nature of the debt:
What is home repossession?
Home repossession, also known as foreclosure, is when someone who you owe money to gains control over your home. They would arise once you have defaulted on your debt or mortgage repayments for 6 months.
Usually, when you have defaulted on a mortgage, your bank, lender or mortgagor will exercise their right to foreclose the property. If you find yourself in this situation, consult a lawyer as soon as you are aware of the foreclosure. Delays in doing so will jeopardise your chances of recovering your house.
Who has the power to repossess your home?
Only persons or lenders who have a security interest over the home who have not been receiving payments from you for 6 months will have a legal right to foreclose. This period of time may differ according to the lender you have dealt with.
If you have signed a mortgage, or borrowed a large sum of money, it is imperative that you are aware of your obligations and rights and that you consult a legal advisor before signing any document that involves your house or affects your livelihood.
What happens to my house after repossession?
The action of foreclosure will drastically affect you and your lender’s legal rights and positions. Foreclosure will essentially give the lender full ownership and title to the property, and your interest in the property is extinguished. In certain situations, if the lender sells your house to recover the balance of your debt and finds that the sale was not sufficient to repay the debt, you may still be required to find a different way to repay the balance. However, if there is a surplus after the sale, you may be entitled to that surplus money.
Foreclosure means that the lender has taken full title to your property. You cannot damage, deal with, live in or do anything to your home after it is foreclosed. If you do so, you may be liable to pay damages to the lender.
What happens to me during repossession?
Once your home is repossessed, it means you no longer own it, and you no longer have a right to stay in it. It is likely that you will be informed to move out. If you fail to move out, the lender may get a court order or a bailiff to physically remove you from the property. See a lawyer immediately to obtain more specific advice on your rights during this time.
What can your lawyer do?
Firstly, your lawyer will assess the situation. They will review your mortgage conditions or any other contractual conditions and advise you on whether your home can be repossessed. They will also see if the procedures the lender followed were according to the law.
More crucially, your lawyer is in a position to contact the lender to negotiate for leniency or to rearrange payment. Most lenders would want to avoid the bad publicity of foreclosing a home, and so they may be more open to reasonable discussions on how to change the loan terms to reflect your situation.
Your lawyer may require you to get things like a personal credit report (see our article on Credit Reporting) or find someone willing to sign a contract of guarantee (see our article on Guarantors and Co-Borrowers). Work with your lawyer to avoid losing your property.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with letter of demand experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss your debt problem in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Appointment with our debt lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience.
Sound legal advice & pathway forward
Armed with confidence in your debt lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with letter of demand experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Helpful Information
What is your position
If you have received a letter of demand there are several options depending on the nature of the debt:
What is home repossession?
Home repossession, also known as foreclosure, is when someone who you owe money to gains control over your home. They would arise once you have defaulted on your debt or mortgage repayments for 6 months.
Usually, when you have defaulted on a mortgage, your bank, lender or mortgagor will exercise their right to foreclose the property. If you find yourself in this situation, consult a lawyer as soon as you are aware of the foreclosure. Delays in doing so will jeopardise your chances of recovering your house.
Who has the power to repossess your home?
Only persons or lenders who have a security interest over the home who have not been receiving payments from you for 6 months will have a legal right to foreclose. This period of time may differ according to the lender you have dealt with.
If you have signed a mortgage, or borrowed a large sum of money, it is imperative that you are aware of your obligations and rights and that you consult a legal advisor before signing any document that involves your house or affects your livelihood.
What happens to my house after repossession?
The action of foreclosure will drastically affect you and your lender’s legal rights and positions. Foreclosure will essentially give the lender full ownership and title to the property, and your interest in the property is extinguished. In certain situations, if the lender sells your house to recover the balance of your debt and finds that the sale was not sufficient to repay the debt, you may still be required to find a different way to repay the balance. However, if there is a surplus after the sale, you may be entitled to that surplus money.
Foreclosure means that the lender has taken full title to your property. You cannot damage, deal with, live in or do anything to your home after it is foreclosed. If you do so, you may be liable to pay damages to the lender.
What happens to me during repossession?
Once your home is repossessed, it means you no longer own it, and you no longer have a right to stay in it. It is likely that you will be informed to move out. If you fail to move out, the lender may get a court order or a bailiff to physically remove you from the property. See a lawyer immediately to obtain more specific advice on your rights during this time.
What can your lawyer do?
Firstly, your lawyer will assess the situation. They will review your mortgage conditions or any other contractual conditions and advise you on whether your home can be repossessed. They will also see if the procedures the lender followed were according to the law.
More crucially, your lawyer is in a position to contact the lender to negotiate for leniency or to rearrange payment. Most lenders would want to avoid the bad publicity of foreclosing a home, and so they may be more open to reasonable discussions on how to change the loan terms to reflect your situation.
Your lawyer may require you to get things like a personal credit report (see our article on Credit Reporting) or find someone willing to sign a contract of guarantee (see our article on Guarantors and Co-Borrowers). Work with your lawyer to avoid losing your property.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with letter of demand experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
