Mortgagee sale

There are state-based or territory-based requirements relating to mortgagee sales. This guidance note provides an overview of the process and the key requirements, and is designed to be a good starting point for legal practitioners who need to consider matters relating to a mortgagee sale. It would be prudent for legal practitioners to consult the relevant state or territory legislation to ensure specific state-based or territory-based requirements are met. Some of these legislations are referred to in this guidance note.

Legal practitioners will find the commentary on topics such as preconditions for sale, a mortgagee’s duty in selling the land, and proceeds of sale particularly practical.

See Mortgage sale.