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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5138
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Property/debt law JA: The Lawyer will need to help you with

Customer Question

property/debt law
JA: The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: we have received a writ filed by the cba
JA: Anything else I can tell the Lawyer before I connect you two?
Customer: we hired a third party to deal with it who informed us last wednesday that they have taken possession and expect a knock on the door any day by the sheriffs department
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 9 months ago.
Category: Australia Law
Customer: replied 9 months ago.
Hello?
Customer: replied 9 months ago.
Hi can I expect an answer tonight?
Expert:  Patrick H. replied 9 months ago.
Hello and thank you for your question.I understand your position to be that you have received a writ from the CBA regarding a mortgage, but that the CBA have now taken possession of the property or are about to take possession of the property? I assume this is because for some reason you have not been meeting your mortgage repayment obligations.It is not clear what you want to know however. If you are considering resisting their repossession, is there some reason you believe they should not be repossessing the property or is there is there some other issue that you want advice on?
Customer: replied 9 months ago.
Hi,
Yes correct mortgage repayments were not made. I am wanting to know how I can stay the reposession to organise sale of the property myself. Is that possible?
Customer: replied 9 months ago.
Also how much notice do I have to be given after being served by the sheriff's office to move out?
Expert:  Daniel replied 9 months ago.
Hello
The bank has now taken possession, they own the home so sadly you cannot sell it.
The sheriff need not give any notice as for the reason above sadly.
I wish I could give better news.
Please click accept and rate my service. I am able to answer further questions after accepting also at no further cost to you.
Customer: replied 9 months ago.
However if I can provide a contract of sale which would pay out the full mortgage can I take that to the county court to stay the repossession?Also doesn't the sheriff give minimum of one day notice?
Expert:  Daniel replied 9 months ago.
No, sadly none of this has changed my advice.
Expert:  Daniel replied 9 months ago.
HelloI note I have not heard back from you.I wish to assist you, please click accept and rate my service. I am able to answer further questions if any after doing so at no further cost.
Expert:  Daniel replied 9 months ago.
HelloI note I have not heard back from you.I wish to assist you, please click accept and rate my service. I am able to answer further questions if any after doing so at no further cost.