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Old 05-01-2019, 05:56 PM   #846
Trendseeker
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Join Date: Aug 2008
Posts: 2,640
Default Re: Australia housing bubble

Just to be clear, banks, or other lenders, cannot repossess and sell houses when the borrower is fulfilling their obligations by regularly repaying their loan. It is against the law set out in the Consumer Credit Protection Act (2009) and there are penalties for breaches.

Here is an extract:

Division 2—Enforcement of credit contracts, mortgages and guarantees
88 Requirements to be met before credit provider can enforce credit contract or mortgage against defaulting debtor or mortgagor
Enforcement of credit contract
(1) A credit provider must not begin enforcement proceedings against a debtor in relation to a credit contract unless:
(a) the debtor is in default under the credit contract; and
(b) the credit provider has given the debtor, and any guarantor, a default notice, complying with this section, allowing the debtor a period of at least 30 days from the date of the notice to remedy the default; and
(c) the default has not been remedied within that period; and
(d) if the credit contract is for a reverse mortgage, the credit provider has spoken to one of the following persons by telephone or in person in that period and has thus both confirmed that the debtor received the default notice and informed the person of the consequences of failure to remedy the default, or has made reasonable efforts to do so:
(i) the debtor;
(ii) a practising lawyer representing the debtor;
(iii) a person with a power of attorney relating to the debtor’s financial affairs.

You can read the whole act here:

https://www.legislation.gov.au/Details/C2018C00302
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