Taking Possession of Mortgage Goods
After the 30 day period granted by section 80 notice has expired, a lender can then commence enforcement proceedings. For secured contracts, this will involve employing a repossession agent to seize and sell any secured goods.
There are a number of restrictions on a lender’s right to repossess secured goods.
Remember that these restrictions only apply to mortgaged goods. Mortgagee possession of real property follows different procedures, normally culminating with a writ in the Supreme Court.
Less than 25% owing on the contract under s 83 of the Code, a lender cannot repossess mortgaged goods if the current balance of the loan is less than 25% of the amount of the credit provided, or $10,000.00 (whichever is the lesser)
However, the lender can nevertheless repossess if:
Entry onto residential premises under section 91 of the Code, a lender or its agent cannot enter onto residential premises to repossess mortgaged goods unless:
Consent under section 91 can only be obtained from an occupier if the lender complies with r 24 of the Consumer Credit Regulations 1995.