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Notice Of Intent To Foreclose Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Notice of Intent to Foreclose is a critical document in New Zealand's mortgage enforcement process, required under the Property Law Act 2007 before a lender can proceed with foreclosure or mortgagee sale. This notice must be issued when a borrower defaults on their mortgage obligations, whether through missed payments or other breaches of the mortgage terms. It serves multiple purposes: formally notifying the borrower of the default, specifying the exact nature of the breach, providing a clear timeframe for remedy (typically 20 working days), and outlining the consequences of non-compliance. The notice must comply with strict legal requirements and includes detailed information about the property, the default amount, and the borrower's rights. This document is particularly important as it initiates the formal enforcement process and provides borrowers with a final opportunity to remedy the default before more serious enforcement actions commence.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























Clauses















Relevant Industries

Banking and Financial Services

Real Estate

Legal Services

Property Management

Agricultural (for farm properties)

Commercial Property

Residential Property

Property Development

Mortgage Lending

Asset Management

Relevant Teams

Legal

Credit Risk

Mortgage Services

Collections and Recovery

Compliance

Property Services

Default Management

Customer Relations

Documentation

Risk Management

Relevant Roles

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

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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