Mortgagee Sales for Lenders.

Why Legal Advice Matters in Mortgagee Sales

Mortgagee sales involve strict legal obligations and significant reputational risk. If the process is not handled correctly, lenders can face challenges from borrowers, buyers, or regulators.

We help you navigate each step with clarity and care, ensuring the process meets your legal duties while protecting your commercial interests.

What We Help With

We assist with all aspects of the mortgagee sale process, including:

• Issuing initial notices and conducting due diligence

• Ensuring compliance with the Property Law Act

• Reviewing titles, mortgages, and encumbrances

• Liaising with agents, buyers, and other advisors

• Managing borrower communication and potential disputes

Our role is to guide you through each stage so the sale proceeds lawfully, efficiently, and with minimal risk.

Commercially Focused, Legally Precise Advice

Mortgagee sales often arise in sensitive or pressured situations. We provide clear, timely advice that balances legal compliance with your commercial goals.

Our focus is on helping you make confident decisions, manage risk, and complete the process smoothly.

Where We Work

Our mortgage enforcement team is based in Wellington, Lower Hutt, and Kapiti. We advise lenders, financial institutions, and receivers across New Zealand on all aspects of mortgagee sales and enforcement.

Questions We Often Get Asked About Mortgagee Sales

What is a mortgagee sale and when does it happen?

A mortgagee sale occurs when a lender sells a property to recover money owed under a mortgage. This usually follows a default by the borrower. We help you ensure all notices, steps, and sale processes comply with the Property Law Act.

What are the key legal requirements for a mortgagee sale?

The lender must act in good faith and take reasonable care to obtain the best sale price. We advise on the correct notices, timing, and communication to reduce the risk of challenge later.

Can a borrower challenge a mortgagee sale?

Yes, if they believe the process was not fair or legally compliant. We help you document every step and handle any borrower challenges quickly and professionally.

How should lenders communicate with borrowers during the process?

Clear, consistent communication helps reduce disputes. We assist in preparing compliant correspondence and managing borrower contact through appropriate legal channels.

Can you assist with post-sale issues or disputes?

Yes. We advise on settlement, surplus distributions, and any claims that arise after the sale, ensuring your position as lender is properly protected.