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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Westpac /receivers have served me with papers stating they

Customer Question

Westpac /receivers have served me with papers stating they are going to repossess my home and my partner's home tomorrow - what are our rights and what process should we follow if we do not agree with the repossessions
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.
HelloHave they obtained judgement from a court in relation to taking the home back?
Customer: replied 2 years ago.
I don't think so - they just sent heaps of notices that we have to hand over at 4 pm tomorrow - in the case of my partner I believe that the garcia case applies and in mine I was one of the directors of a the company they sent the receivers in
Expert:  Daniel replied 2 years ago.
I would check and see if they do have judgement.I find it peculiar that a bank would have you evicted without a judgement from the court as it is not exactly legal. If there is judgement, then you need to have the matter re-listed and dealt with. Otherwise they can take the home as they have judgement.
Customer: replied 2 years ago.
Should they have told us if they were going to court to get a judgement. all i have been given is a Form 4 - Notice of exercise of power of sale pursuant to registered mortgage no.###-##-####- i think they are taking action against both of us as guarantors for the business they took possession of in 2013 - they say there is a shortfall of $1 010 896.40 which is strange as they have not sold all of the assets they took possession of
Expert:  Daniel replied 2 years ago.
HelloThey would have served you with documents yes. In any event, you need to speak with them now and arrange finances to pay the money off. If there is not a judgement or otherwise, there is a shortfall, thus the amount needs to be paid. I suggest speaking with them and allow 7 days for you to get arrangements for finance.
Customer: replied 2 years ago.
we can't get finance - they took everything we owned - a business worth $3mil they sold for $1.55 mil - then there are all the receivers costs - I am 63 my partner is 57 - we get the dole of $470 each a fort night - no one is going to finance us - I need to know what the process is and what are my rights, what should I do at 4pm tomorrow?
Expert:  Daniel replied 2 years ago.
If you are unable to service the loan, then there is little that you can do, it needs to be paid.
Customer: replied 2 years ago.
that's not what I am asking - please read the last line again
Customer: replied 2 years ago.
as stated previously I don't believe that we even owe the money - i don't know how they have arrived at an amount and i want to know if the garcia case can be used as a precedent?
Customer: replied 2 years ago.
daniel don't bother replying - I won't be paying this bill - this has been a complete waste of your and my time - you have told me absolutely nothing
Expert:  Daniel replied 2 years ago.
I have, sadly if you are not in a position to service the loan, then the property should be handed over. At the end of the day, court orders and the like, the amount has to be paid. the case of Garcia speaks of misrepresentations and the like. Even if they sold the assets cheaply, its not unconscionable conduct.