Webinar Package includes:

Archive Presentation  l  Booklet  l  PowerPoint Presentation

Webinar Package Fee (incl GST)

• $91 - NZLS members and Associate members
• $121 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Webinar Archive Presentation

A buoyant economy has seen mortgagee sales activity reduce over the last few years. However, pressure in some parts of the economy means that the number of mortgagee sales is starting to increase. With the possibility of the economy softening, practitioners need to be prepared to deal with a further increase in mortgagee sales activities.

Knowing how to effectively manage mortgagee sales is essential for achieving positive results for clients. This webinar will help you guide your client to the best possible realisation outcome.

This webinar will cover the rules underpinning the mortgagee sales process. It will also provide guidance on how best to run a sales process and deal with competing interests.

Topics covered will include:

• Forms of notice
• Service
• Common sale traps including creditor’s claims
• Dealing with caveats and other interests
• Duty of care
• Mortgagee in possession
• Sales by a second mortgagee.

Please contact us if you use a dial up internet connection.

Booklet 

Author: Mark Hopkinson
Published: 21 May 2019
Pages: 37

Introduction

The period 2007-2010 saw a large increase in mortgagee sales activity. This activity was largely driven by the global financial crisis (GFC), finance company collapses and the falling property values in New Zealand.

In 2010, the late Justin Toebes and I presented a New Zealand Law Society CLE seminar on mortgagee sales at various locations in the country. At the time, there was significant demand, particularly from conveyancing practitioners exposed to the mortgagee sale process. The presentation was timely, given that the Property Law Act 2007 (PLA) had recently come into force. The economic downturn had resulted in an increase in litigation in relation to clearing the title, duty of care and recovery against other parties.

Although mortgagee sale activity seems to be gradually increasing, a significant downturn is still ahead of us. In any case, it is timely for commercial and conveyancing practitioners, in particular, to refresh their knowledge so they are prepared when mortgagee sale activity increases.

This is a broad topic. We covered it in detail in 2010. The scope of this webinar does not allow such extensive review. The intent is to highlight key areas so that the practitioners are aware of the steps that need to be taken, the issues that arise and when to seek expert help if required.

PowerPoint Presentation

These are the slides included in the webinar presentation.