After court - Mortgage stress

Mortgage stress logoThe information about enforcement and court processes in this part is only for Western Australia.

If the lender has a court judgment against you, it will probably include orders that you pay money to the lender (to cover the loan amount, arrears, interests and legal costs) and also an order that the lender is entitled to repossess your home.

You can check if the lender has a judgment against you by contacting the Supreme Court of WA registry.

What happens next?

If you do not cooperate and follow what the judgment says, the lender can apply to the court for orders to have the judgment enforced. This can include asking for an order to repossess and sell your home.

This video explains what steps a lender may take if it has a judgment to repossess your home.

Repossessing and selling your home

How long the lender might wait before enforcing the judgment will vary. It may be possible for you to negotiate with the lender to delay enforcing the judgment. For example, you may try to ask for more time to move out. However, it is up to the lender to agree.

You will normally be given several weeks' notice before the lender takes steps to repossess your house. 

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Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.