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Overview
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  • Mortgage Recovery
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Mortgage Recovery

 
“Mortgage recovery has been the subject of increasing regulation in recent years. In addition to the Uniform Consumer Credit Code, there have been changes to the Family Law Legislation, Crimes Confiscation Legislation, Corporations Laws and Privacy Laws, which means lenders need the services of a team that has sound expertise in this area.”
 
Gino Potenza, Partner

 

Services and Expertise

Cornwall Stodart has an experienced and dedicated team specialising in mortgage recovery and security enforcement. We act for a range of lenders including banks, financial institutions, mortgage originators and private lenders.

 

Mortgage recovery has been the subject of recent legislative change and increasing regulation. Along with changes to the Family Law Legislation, Crimes Confiscation Legislation, Corporations Law and Privacy Laws, the recent passing of the New National Credit Protection Act will affect credit providers nationally. This means lenders need the services of a team that has sound expertise in this area.

 

Our Mortgage Recovery team has an in depth understanding of the recovery and finance industry, combined with a network of strong relationships with key industry players such as industry regulators, mortgage insurers, consumer representative bodies, property presenters and the courts.

 

As a result of our experience and by working closely with our clients, we are able to identify potential risks early and strive to resolve defaults quickly and in the most cost effective manner. Our experience also means we understand the importance of protecting our clients' reputations and brands.

Areas of Legal Expertise

We have expertise in:

  • removing tenants
  • removal of encumbrances and caveats from titles
  • advising on compliance
  • providing financial institutions with general banking litigation advice
  • advising mortgagees who enter into possession as a controller
  • shortfall and unsecured debt recovery work
  • dealing with abandoned goods
  • dealing with deceased estates
  • bankruptcy.

Additional Services

In addition to legal services, we offer clients a range of complementary services including:

  • tailored training, coaching and development workshops on a range of recoveries and compliance issues
  • introductions to other key players in the industry with whom we have strong relationships.

 

We offer a fixed fee structure for the following services, enabling you to track the cost of recovery:

  • preparing and serving default notices
  • issuing court proceedings for possession and debt
  • obtaining possession and arranging mortgagee sales of security property.

Team Strength

Gino Potenza, Partner

Kim Iliopoulos, Law Clerk


RELATED INFO

OUR PEOPLE

  • Gino Potenza
    Partner
 

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