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15MORTW

Mortgagee Sales

NZ $25.00
incl GST
Justin Toebes 2014
Justin Toebes
JT Law 
Wellington

Authors: Justin Toebes
Published: 27 November 2014
Pages: 17

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Introduction

Mortgagee sales are thought of as risky transactions.
A mortgagee sale is a sale of property (an interest in land or personal property) and will contain the usual elements and issues that arise in any sale transaction; except for the added elements:

  • That the mortgagor may not be a co-operative, or even an adversarial, participant in the mortgage sale process; and
  • The mortgagee does not necessarily know a lot about the property for which it is about to exercise power of sale.

The purpose of this paper is to show by way of some examples that even in the most difficult circumstances a mortgagee sale can be completed and successfully – the measure of that being that the sale was settled and the best price reasonably obtainable at the time of sale was, without doubt, achieved.

This paper concentrates on the issue of vacant possession and is intended to show that with persistence and cleverness the obstacles placed in the path of a mortgagee, even by the most belligerent mortgagor, can be successfully overcome.

The same approach will apply to other obstructions to completion of a mortgagee sale.
 

Content outline

 
  • The Mortgagor as Guerilla (1)
  • The Caveator as Freedom Fighter
  • The Five Year Fixed Term Lease
  • The Mortgagor as Guerilla (2)
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