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Are you having problems with your home mortgage?

There are things you can do.

Are you having trouble paying your mortgage because:

  • you have been sick or lost your job
  • you have broken up with your partner
  • of interest rate rises, or
  • some other change in your circumstances.

Don’t wait for the problem to become urgent. Act now.

  • Is my problem urgent?

    Is my problem urgent?

    Your problem is urgent if you have received:

    • an arrears letter or formal default notice from your lender
    • threats of legal action
    • a statement of claim from the court, or
    • a notice to vacate your home from the Sheriff.

    Get legal advice. Your right to make a financial hardship arrangement with your lender depends on where the lender is up to in the process.

What can I do?

It is never too late or too early to get advice. Call the National Debt Helpline on 1800 007 007 or visit the NDH website.

Negotiate a financial hardship arrangement with your lender. You have a right to reduce or postpone your payments if you are in short-term hardship because of something outside your control (e.g. you lost work or were sick).

If you and your lender cannot agree on a repayment arrangement, lodge a complaint with the Australian Financial Complaints Authority (AFCA) immediately. AFCA is the best way for you to resolve your financial hardship complaint with your lender.

The lender cannot start or continue legal action or take possession of your home while your matter is being considered by AFCA.

For more information call 1800 931 678 or visit the AFCA website.

Where can I find more information?

The Mortgage stress handbook is a free publication is a practical guide for people having trouble with their mortgage. It includes information about what you can do to stop the lender taking possession of your home, how to negotiate a repayment arrangement, accessing your superannuation, and getting a stay if the lender has a court order to evict you from your home.

Order or view a PDF copy via the Publications and resources page.

Where can I find help?

AFCA is a free and independent complaint resolution scheme for people who are unable to resolve complaints with financial services organisations.

For more information call 1800 931 678 or visit the AFCA website.

FRLC is a free independent community legal centre providing legal advice and financial counselling for people in financial stress.

For more information call 1800 844 949 or visit the FRLC website.

LawAccess NSW is a free information service run by Legal Aid NSW. Anyone who has a legal problem in NSW can contact LawAccess NSW for legal help.

Start a web chat or call 1300 888 529 between 9am and 5pm, Monday to Friday (excluding public holidays).

To contact a financial counsellor or get help with debt problems, call the National Debt Helpline on 1800 007 007 or visit the NDH website for a range of step-by step guides to get your finances back on track.


Updated March 2024

Order a publication

All Legal Aid NSW publications are FREE to order or download. If you have any questions regarding your order or require further assistance please email publications@legalaid.nsw.gov.au