Rural Law Online A guide to the law for Victorian Primary Producers

Mortgagee's Power of Sale

If the mortgagor (the borrower) defaults on payments required by the mortgagee, the Code (s. 80) requires the mortgagee (the credit provider) to provide a default notice, allowing 30 days to comply, before the mortgagee can foreclose on the mortgage. Foreclosure means the start of proceedings to sell the mortgaged property. If the mortgage relates to a business loan however the Code does not apply, and the terms of foreclosure will be covered in the mortgage document itself.

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