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The area of mortgage recovery and security enforcement has become increasingly complex to due to ever increasing regulation. The Consumer Credit Laws, Privacy Laws, Crime Confiscation Laws, Controller/Corporation Laws and, more recently, amendments to the Family Law Act can potentially affect a lender's rights.
The enforcement of mortgages and securities requires expert legal knowledge of not only such laws but also how to deal with cases involving issues such as bankruptcy, deceased estates, tenancies and abandoned chattels. Our Mortgage Recovery team has expertise which extends back to the 1980s so we are well equipped to detect at an early stage and properly deal with media sensitive matters so that we can protect your reputation and brand name.
Our mortgage recovery team is able to offer fixed fees for each stage of recovery action so that you know and are able to track the costs of recovery.
Working with us
Mills Oakley has a strong focus on cost effective service. The mortgage recovery team provides: - A commitment to the early and inexpensive resolution of disputes;
- Allocating work to personnel with the level of expertise commensurate with the task;
- Timely and meaningful reporting;
- Ensuring that the outcome for the client is commercially proportionate to the cost;
- Ensuring that at all times our client's reputation and brand is protected by careful supervision of a partner.
[back to top] Our Services
- Regulated and Non-Regulated secured mortgage recoveries
- Enforcement of Loan Agreements and guarantees
- Documentation of recovery procedures
- Documenting of various agreements, including broker agreements, referrer agreements, loan consultancy agreements, aggregation agreements
- General Security Enforcement Advcice
- Advising on various agreements including lender accreditation agreements
- Advising on compliance issues under the UCCC and related legislation including the various state Fair Trading Acts and the ASIC Act
- Preparing and serving Default Notices and Notices to Pay
- Issuing Writs for Possession and Debt
We are more than just a recovery team, we assist you with expert advice and tailored staff training in relation to recoveries and compliance issues. Our team has an in-depth understanding of the mortgage industry and has developed strong relationships with key industry players including mortgage insurers, consumer representative bodies, industry regulators, the Courts and enforcement officers.
We appreciate your need to resolve defaults quickly and in the most cost effective manner by embracing the most appropriate dispute resolution mechanism without the need to proceed to Court wherever possible.
[back to top] Key contacts Andrew Brown
Partner
T: 61 3 9605 0961
F: 61 3 9605 0933
E:
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Peter Mills
Partner
T: 61 7 3228 0401
F: 61 7 3012 8777
E:
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Jeremy Mackenzie
Partner
T: 61 7 8289 5807
F: 61 7 3012 8777
E:
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Skye Fraser
Paralegal
T: 61 3 9605 0878
F: 61 3 9605 0933
E:
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