Summerland Credit Union v Lamberton [2014] NSWSC 547

A couple borrowed on the security of two separate properties. They defaulted and the lender sued for possession. No defence was filed in the one set of possession proceedings but a defence was filed in relation to the other proceedings and the alleged securitisation of the loan was raised in the defence.

The court found no defence to the lender’s claim for possession and noted that even if the loan had been securitised, that was no bar to the lender from being able to enforce the loan.

The defence was struck out and the court granted the lender possession.

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