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Low number of bad loans make it to mortgagee sale

Tuesday 16th of February 2010

By Jenny Ruth

The first step towards a mortgagee sale is when a bank serves notice under the Property Law Act (PLA). The mortgage holder then has not less than 20 working days to pay the amount in default. If the mortgage holder fails to pay, after that period the mortgagee - the lender - can proceed to sell the property.

Unlike in the US where banks take possession of properties where their owners have defaulted on the mortgage, it is extremely rare for a bank to take possession in New Zealand.

While in the US, the only recourse a lender has to recover money lent on a property is the property itself, in New Zealand, if a property sells for less than the mortgage is worth, the mortgage holder remains liable to pay the difference.

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