Conveyancing, enforcement and litigation are handled by separate specialist teams. This page sets out who holds your file at each stage, when it passes from one team to the next, and who to contact at any given point.
| Team | Led by |
|---|---|
| Advance teams | The team that settled the loan |
| Enforcement team | Sharly Amin |
| Conveyancing team (power of sale) | Kaella Forbes |
| Litigation team | Rose Askew |
Stage 1. Advance, variation and discharge where there is no default
Held by the team that settled the loan.
The file stays with this team for the life of the loan unless a default notice issues. The file passes to the enforcement team when the lender instructs us to issue a default notice.
- Advances
- Variations
- Caveats and priority notices lodged in support of the advance
Stage 2. Notices and taking possession
Held by the enforcement team.
The file comes to this team on instructions to issue a default notice.
- Default notices and statutory notices
- Forbearance Deeds
- Caveats lodged over guarantor properties as part of the enforcement
- Field agent instructions, lock changes and securing the property
- Insurance on taking possession
- Tenants in occupation, notice, rent redirection, and possession against a tenant, which is a different process from possession against a mortgagor
- Eviction and property clean-out prior to agent being appointed
- Goods left on the premises and the uncollected goods notice regime and dealing with borrower requests for collection of items left behind in premises
- Discussing with the lender and the borrower the most effective approach to marketing, before the property is listed where applicable
The file passes to the conveyancing team when the lender instructs us to appoint a real estate agent. It returns to the team that settled the loan if the default is remedied and the enforcement is at an end.
Stage 3. Possession proceedings
Held by the enforcement team.
- Pleadings, judgment, writs and warrants of possession
- Service and the steps required before judgment
- Execution of the writ or warrant, including eviction where possession is obtained under a warrant
Stage 4. Sale of the property
Held by the conveyancing team.
The file comes to this team on instructions to appoint a real estate agent, and this team holds it through to settlement and distribution. Every task on the file from that point is performed by this team, including tasks which arose earlier in the enforcement and remain outstanding.
- Appointing Real Estate Agent, including Annexure A
- Collection of keys from field agent
- Rates, land tax and strata levies while in possession
- Getting the property ready for sale
- Incorporating borrower suggestions about most effective marketing, once the property is listed
- Liaising with agent, lender and borrower during the campaign passing on marketing reports
- Auction date, reserve, auction
- Title searches and vendor disclosure documents, Queensland seller disclosure
- Preparing the contract and special conditions
- GST issues
- Foreign resident capital gains withholding issues
- Purchaser enquiries about clauses, and requisitions
- Exchange, deposit release, cooling off
- Notice to complete, rescission
- Re-sale on purchaser default
- Property clean-out, removal of goods left on the premises where these remain outstanding once the property is listed and dealing with borrower requests for these items left behind in property or storage
- Caveats over the property being sold
- Withdrawal of caveats by negotiation, and as a simple dealing on settlement
- Withdrawal of caveats lodged during the enforcement over guarantor properties or other properties which are not the security being sold
This matters to the borrower and to the lender. If those caveats are left in place after the sale completes, the borrower is left chasing us to remove encumbrances from properties they still own, and the lender is out of pocket for withdrawal disbursements which can no longer be recovered from the sale proceeds. This team attends to it because the enforcement team is not part of the settlement and will not know the date the sale completes. Every caveat lodged during an enforcement is recorded on the security schedule at the time it is lodged, so that schedule is checked at the outset of the sale, the withdrawal costs are captured when final figures are adjusted, and the caveats are withdrawn on settlement.
- Adjustments and settlement sheets
- Surplus funds and notice to subsequent encumbrancers
- Distribution and the statement of account to the borrower
- Post sale correspondence with interested parties
Stage 5. Discharge and/or payout figure requests
Whoever holds your file gives the payout figure and attends to the discharge.
| Situation | Who |
|---|---|
| Loan never in default | The team that settled the loan |
| Loan in enforcement but agent not yet appointed | The enforcement team |
| Property being sold by the mortgagee and an agent is appointed | The conveyancing team. This team holds the sale ledger, so it is the only team with the full picture of further charges incurred, such as styling and repair costs, storage costs where applicable and invoices the lender has already paid. |
Contested applications
Litigation team.
- Applications to set aside default judgment, stays and injunctions
- Attempted injunctions of the sale
- Contested caveat removal applications
- Possession against a tenant where an order of the Court is required
Cost queries
Answered by the team that rendered the invoice.
Shortfall after sale of property
We do not act on these.