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Notice Of Intent To Foreclose
"I need a Notice of Intent to Foreclose for a residential property in Auckland where the borrower has missed three consecutive monthly payments, with the most recent missed payment being January 15, 2025; the notice should include specific details about the default amount including penalty interest."
1. Lender Details: Full legal name and contact details of the mortgagee/lender
2. Borrower Details: Full legal name and address of the mortgagor/borrower
3. Property Description: Legal description of the mortgaged property including title reference
4. Loan Reference: Details of the mortgage agreement including registration number and date
5. Default Statement: Clear statement of the nature of the default (e.g., missed payments, breach of covenant)
6. Default Amount: Specific amount in default, including breakdown of principal, interest, and other charges
7. Remedy Requirements: Clear statement of what the borrower must do to remedy the default
8. Notice Period: Statutory notice period (typically 20 working days) and specific deadline date
9. Consequence Statement: Statement of intended actions if default is not remedied (i.e., acceleration of debt and sale)
10. Legal Rights Statement: Statement informing the borrower of their legal rights and recommendation to seek legal advice
1. Guarantor Notice: Required when there are guarantors to the mortgage who must also be notified
2. Tenancy Statement: Required when the property is tenanted, addressing the rights of existing tenants
3. Farm Mediation Notice: Required when the property is farm land, referring to farm debt mediation rights
4. Previous Breach History: Optional section detailing history of previous defaults when relevant to current action
5. Payment Options: Optional section detailing various methods available for payment of the default amount
1. Schedule 1 - Property Details: Detailed legal description of property including title references, mortgages, and encumbrances
2. Schedule 2 - Default Calculation: Detailed breakdown of the default amount including principal, interest, penalties, and fees
3. Schedule 3 - Payment History: Record of payment history showing missed payments and accumulated arrears
4. Appendix A - Statutory Provisions: Relevant excerpts from Property Law Act 2007 regarding borrower's rights
5. Appendix B - Supporting Documents: Copies of relevant loan documents, payment demands, and correspondence
Authors
Banking and Financial Services
Real Estate
Legal Services
Property Management
Agricultural (for farm properties)
Commercial Property
Residential Property
Property Development
Mortgage Lending
Asset Management
Legal
Credit Risk
Mortgage Services
Collections and Recovery
Compliance
Property Services
Default Management
Customer Relations
Documentation
Risk Management
Mortgage Manager
Credit Risk Officer
Legal Counsel
Property Law Specialist
Collections Manager
Loan Recovery Officer
Real Estate Manager
Compliance Officer
Credit Manager
Property Valuer
Mortgage Enforcement Specialist
Banking Relationship Manager
Risk Assessment Officer
Default Management Officer
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