Mortgage Recovery Action

The firm provides all its clients with legal advice and service on how to deal with default loans in Western Australia.  On at least two occasions the firm has successfully represented its lenders in the High Court of Australia in relations to the enforcement of mortgages.

The firm enjoys a particularly good reputation in the industry.  We have been advised by barristers that our procedures and documentation have been used on occasion by the Supreme Court as an example of how default proceedings should occur. 

As a result of the firm’s good reputation in this area, RSM Bird Cameron, a liquidator of Rowena Nominees Pty Ltd formerly trading as Graham Grubb Finance Broker, approached the firm to give ongoing legal advice to assist in the clearing up of the particularly messy portfolio of loans.  We were recommended to RSM Bird Cameron due to our experience in handling difficult default loans.

 To date the firm has not had an unsuccessful conclusion to any writ issued on behalf of its lender clients. 

 

SCHEDULE OF WORK- DEFAULT RECOVERY

Our recovery functions are as follows:

1.         Issuing letter of demand

2.         Issuing formal notice of demand in accordance with s106 of the Transfer of Land Act (and Consumer Credit Code if applicable)

3.         Issuing letter to vacate

4.         Issuing writ of summons with statement of claim seeking possession

5.         Preparing summons for leave to enter judgment pursuant to order 62A of the Supreme Court Rules together with supporting affidavits

6.         Preparing certificate of service, minute of proposed orders and attending on summons to obtain judgment

7.         Organising service of judgment, preparing affidavit of service, preparing writ of possession, arranging issue of the writ of possession and delivery of writ to the Sheriff for enforcement together with letter of instructions including calculation of Sheriff’s fees

 

Send mail to clarkwh@iinet.net.au with questions or comments about this web site.