Home Loans

If you are behind on a home loan repayment, it is important to act quickly and not ignore the situation. You are more likely to have a better outcome if you address the problem as soon as possible. If you are unsure of how to address your problem, Legal Aid NSW’s Mortgage Stress Handbook can help you get a better idea.

If you are behind on a home loan repayment, your options include:

  • Applying for a hardship variation;
  • Applying to postpone enforcement proceedings;
  • Refinancing the loan; and
  • Negotiating for time to sell the property.

Click here to see our flow charts on postponing enforcement proceedings and making a hardship request. For more information you can review our Have you missed payments on your home loan? fact sheet or contact our advice line on (08) 9221 7066.

If you have missed a repayment, you are in default and your lender may send you a default notice. Click here to read our Default Notices Fact Sheet.

If you have received a writ of summons issued from the Supreme Court, you may need to file a Memorandum of Appearance at the Supreme Court. There is usually a very short time frame between you receiving the writ of summons and having to file this document.

If you have received legal or Court Documents from the lender, you may be at risk of losing your home and you should contact us urgently.

Information on our website is provided for information only and is not legal advice. For legal advice please contact CCLSWA.