WHEN IT’S NO LONGER BUSINESS AS USUAL,

Mortgagee In Possession
Sales Agent

MORTGAGEE IN POSSESSION SALE

When a borrower repeatedly defaults on the repayments for a secured loan, the lender may take possession of the security for the loan (typically property). The lender, often a bank, will sell the property to raise funds to cover the outstanding debt and any costs.

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WHAT IS AN AGENT FOR MORTGAGEE IN POSSESSION?

An Agent for a mortgagee in possession is tasked by the lender with selling the property that is security for the loan for the best price they can achieve. Funds received are used to pay the outstanding debt. The property is normally sold via auction.

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FAQS

What is a power of sale?
A ‘power of sale’ clause is normally included in Australian mortgage agreements. This a condition of the loan that allows the lender (the mortgagee) to take possession of the security for the loan (the property or other asset). The property is normally sold for the best price available to settle the outstanding debt.
What happens if the property sells for less than the market value?
The mortgagee should take reasonable care to sell the property for market value or, at least, the best price they can. However, the mortgagee is not legally obliged to sell the property at a time convenient to the borrower or to wait for a rise in market values.

The mortgagee’s concern is to cover all, or as much as possible, of the outstanding debt, even if this means they sell the property for less than the market value.

What happens to the funds from the sale of the property?
The first priority is to repay all, or part, of the outstanding debt, plus any costs incurred by the mortgagee. Any surplus is made available to the owner of the property.

If the proceeds of the property sale don’t cover the outstanding debt in full, the lender may pursue the borrower for repayment of the remainder of the loan.

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