What happens if repayment is not possible?
If you are unable to repay your home loan, you will 'default' on the loan.
There are strict rules which dictate what banks can do if borrower's default.
If you think you are at risk of defaulting, or are issued a default notice (a letter), you must try and talk to your Lender about your options.
- All lenders have hardship and/or postponement policies.
- You may be able change the terms of your loan, or temporarily pause or reduce your repayments. This is called a hardship or postponement variation.
Once a default notice is issued, the borrower is at risk of the bank repossessing the property (taking it back and selling it to repay the amount owed)
To repossess a property, lenders must follow a specific set of steps that are governed by regulation. These steps include:
- Sending a default notice the day your repayment becomes overdue. The default notice will give you 30 days to make the payments you've missed, plus the regular repayment on your loan. If the circumstances allow, you can apply for a hardship variation.
- After the 30-day default period, your lender can take legal action against you to repossess the property.
- The lender will need a court order to repossess the property. If they receive a court order, they will send you a notice to vacate. If you do not leave in accordance with the notice to vacate, the police will evict you.
- It is important to remember that eviction does not release you from the obligation to pay your loan. Even if your lender sells your property, if the sale proceeds are not enough to pay off the debt, the lender can still try and recover any outstanding balance by taking further legal action. This can include making a claim to sell your other assets and issuing you with other enforcement costs (these are the costs incurred by lender or the credit provider in going to court to recover the money owed)
It is important to speak to a legal professional and research your rights. For example, Victoria Legal Aid has a guide to how borrowers can defend themselves against a lender’s mistreatment and another guide on borrower's rights against debt collection.