New rules for Queensland mortgagee sales

The Queensland Property Law (Mortgagor Protection) Amendment Act 2008 has amended section 85 of the Property Law Act to require that, unless they have a reasonable excuse, mortgagees or receivers selling Queensland property secured by consumer credit mortgages must:

  • adequately advertise the sale; and
  • obtain reliable evidence of the property’s value; and
  • maintain the property, including by undertaking any reasonable repairs; and
  • sell the property at auction unless it is appropriate to sell it in another way; and
  • do anything else prescribed by regulation (there is nothing prescribed at this stage).

Failure to comply with the above can result in a maximum penalty of $20,000.

 

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