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Mortgage repossessions Debtors Delaying Writs for Possession of Land

Thursday, January 26, 2012 - Posted by Philip Harvey

A debtor can delay a Writ for Possession of Land in NSW by supplying an affidavit to the court with supporting documentation such as;

(a) where the loan is to be refinanced – proof of steps undertaken to refinance;

(b) where the subject property is to be sold – copies of agent sale agreements, contract for sale of property, advertisements, etc.;

(c) where the proceedings are to be defended – a draft Defence; and

(d) where hardship is claimed - the facts and circumstances relied upon in this regard.

A Registrar will then review the documentation lodged and if a stay is granted, record the reasons. The court will then notify the Sheriff.

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