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Are you having problems with your home mortgage?

There are things you can do

Trouble with your home loan?

Are you having trouble with your home loan repayments because you have:

  • been sick or lost your job?
  • broken up with your partner?
  • some other change in your circumstances?

Or have you received documents from your lender such as:

  • an arrears letter or formal default notice?
  • threats of legal action?
  • a Statement of Claim from the Court?
  • a Notice to Vacate your home from the Sheriff?

Or do you think you there is something unfair or unjust about your loan?

What can you do?

Get advice

It is never too late or too early to get advice. Please see over for details about where to get help.


Talk to your lender about changing or reducing your payments for a period of time, or negotiating some other solution like getting time to sell your home.

Lodge with EDR

You can complain to an External Dispute Resolution scheme (EDR) if you and your lender cannot agree on a solution. EDR is free and user-friendly. Depending on which EDR scheme your lender is in, you can lodge a complaint with the Australian Financial Complaints Authority (AFCA) 1800 931 678 www.afca.org.au. Once you are in an EDR the lender cannot take any legal action against you about the money you owe until the dispute is finalised.

If you have received a default notice or legal proceedings have commenced, then your matter is urgent. Get advice immediately.

The Mortgage Stress Handbook

More information about what you can do is available in the Mortgage Stress Handbook.
The handbook is free.

The Handbook includes:

  • your options if you are having problems with your mortgage
  • how to obtain a variation to your home mortgage payments if you are in financial hardship
  • how to ask for a stay in the Supreme Court if your home is about to be repossessed
  • sample documents

To get a copy go to the 'order a publication' page, or read it online.

Remember, it is never too early, never too late to get advice.

Where can you find help?

Legal advice

Financial Rights Legal Centre specialises in credit and debt matters. For legal advice call the Legal Advice Line on 1800 844 949 or visit www.financialrights.org.au

Legal Aid NSW

For your nearest Legal Aid office or to get free legal help over the phone call LawAccess NSW on 1300 888 529



Financial counsellors provide assistance with debt problems. To find your nearest financial counsellor call the National Debt Helpline on 1800 007 007 or visit www.ndh.org.au

This publication is a general guide to the law in NSW only. You should not rely on it as legal advice, and we recommend that you talk to a lawyer about your situation.

© Legal Aid NSW November 2018.