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Mortgage Hardship Service

Who we are

We assist people who are in danger of losing their homes because they can't pay their mortgage or because a guarantee is being enforced against them. If required, we can also assist people to sell their home to minimise the loss and ensure a favourable outcome to the borrower.

Who we help

We assist people who:

  • are finding it difficult to meet their home loan repayments, or pay other debts, now or in the near future
  • have received letters from a credit provider threatening eviction or repossession
  • have received a default notice
  • are involved in any court proceedings, for example they have received a Statement of Claim
  • have received a Notice to Vacate from the Sheriff's Office.

The Mortgage Hardship Service doesn't generally assist people who are having difficulties with investment mortgages if they already own a residential property. You should see a private lawyer about these. You can use the Law Society website to find a lawyer in your area.

How we can help

Advice and assistance

Solicitors can assist where clients are struggling to make their home loan repayments. They work closely with financial counsellors to work out the borrower's true financial position and their capacity to repay their mortgage in the short, medium and long term. They can also attempt to negotiate alternative arrangements with credit providers.
 
Legal assistance will also be provided to obtain hardship variations to loan contracts, or where borrowers have no capacity to repay their mortgage within a reasonable period, to negotiate time to sell the property to avoid the negative impact on sale price arising from a mortgage sale.
 
Solicitors can also investigate whether there were any problems when the borrower entered into the home loan agreement and provide advice and, in some cases, representation for them. We can also advise on joint home loans, guarantees and other arrangements where a client has used their home as security for a loan.

Representation

Legal Aid NSW provides advice in mortgage matters at all of our civil offices. View a list of our offices.

Location

This service is available to people across NSW.

Contact us

To make an appointment please contact your closest Legal Aid NSW office

Call the Financial Rights Legal Centre Credit and Debt Hotline on 1800 007 007 for help over the phone and to make an appointment.

Related information

Please view our case report summaries showing how the Mortgage Hardship Service is able to assist people in danger of losing their homes.