Australia National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009)
Part 5: Ending and enforcing credit contracts, mortgages and guarantees – Australia National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009)

Australia National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009) s88: Give a compliant default notice allowing at least 30 days to remedy before enforcing a credit contract or mortgage, with the reverse mortgage contact step

A credit provider must not begin enforcement proceedings against a debtor or mortgagor unless they are in default, a default notice complying with s 88 has been given to the debtor and any guarantor (or the mortgagor) allowing at least 30 days from its date to remedy, and the default is unremedied; for a reverse mortgage the provider must also have spoken (or made reasonable efforts to speak) by phone or in person to the debtor, their lawyer or their financial attorney to confirm receipt and explain the consequences (strict liability, 50 penalty units). The notice must be headed as a default notice and state the default, the remedy action, the remedy period, the date after which enforcement and repossession may begin, that repossession and sale may not extinguish the liability, the regulated information on hardship notices, postponement requests and court applications, the regulated AFCA information, that a later default of the same kind within the period can be enforced without further notice, that a credit reporting body may hold default information under the Privacy Act, and any other prescribed matter. Notices for debtor and mortgagor can be combined. No notice is needed where the provider reasonably believes it was induced by fraud, cannot locate the person after reasonable attempts, has court authority, or reasonably believes goods are at risk; an unremediable default needs only to be specified, with enforcement after 30 days. Reverse mortgage events listed in s 18A(3) can never found a default notice. Remedy within the period reinstates the contract and disables any acceleration clause.

Maintained by Gerard Blokdyk

Other controls in Part 5: Ending and enforcing credit contracts, mortgages and guarantees – Australia National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009)

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