Property Sale Dispute
The client is facing a property dispute in Western Australia. Baycorp, acting upon the instruction of a creditor, has initiated legal proceedings due to an outstanding debt of approximately $58,000. A Property (Seizure and Sale) Order has been issued, and a bailiff has sent a Notice of Intention to Proceed to Sale of the client's property. The client has not yet received a court order, and communication with the mortgage lender has not taken place. Immediate action is necessary to prevent the sale of the property and avoid additional costs. The situation requires compliance with the Civil Judgments Enforcement Act applicable in the region.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan Baycorp sell my property without a court order if I am still paying a mortgage?
In Western Australia, Baycorp cannot sell your property without a court order, as the sale of real property is governed by the Civil Judgments Enforcement Act 2004. You should verify if a proper order has been issued by the court, as the document you received suggests such an order may be in place. Since you are servicing a mortgage, your lender's rights typically take precedence, making their involvement critical.
What steps should I take to challenge the notice of intention to proceed with the sale of my property?
To challenge the notice, promptly file an application in the local Magistrates Court to set aside or vary the Property (Seizure and Sale) Order under the Civil Judgments Enforcement Act. Present evidence that disputes the amount owed or that shows grounds for a stay of enforcement.
Is it possible to negotiate with Baycorp to settle the debt and prevent the sale of my property?
Yes, you can negotiate with Baycorp to settle the debt. Contact them to discuss potential payment arrangements. Demonstrating a willingness to resolve the debt might lead them to pause enforcement actions.
What are my rights and obligations regarding debt collection and property disputes?
Under Western Australian law, a creditor can impose a Property (Seizure and Sale) Order if they hold a judgment. You are entitled to receive adequate notice and to contest any enforcement actions if you believe they are unjust.
How might the involvement of my mortgage lender affect this situation?
Your mortgage lender's involvement is significant as they have legal rights concerning the property. You should notify them of the legal proceedings, as they may have interests that impact the case and could potentially assist in preventing the sale.
