Notice Of Intent To Foreclose Letter Template for New Zealand

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Key Requirements PROMPT example:

Notice Of Intent To Foreclose Letter

"I need a Notice of Intent to Foreclose Letter for a residential property in Auckland where the borrower has missed six consecutive monthly payments totaling NZD 15,000, with the last payment missed on January 15, 2025; the letter should include hardship assistance options."

Document background
The Notice of Intent to Foreclose Letter is a crucial document in New Zealand's mortgage enforcement process, required when a lender intends to exercise their power of sale over a mortgaged property. This document is utilized when a borrower has defaulted on their mortgage obligations and serves as the first formal step in the foreclosure process. It must comply with the Property Law Act 2007 and the Credit Contracts and Consumer Finance Act 2003, providing clear information about the default, the amount required to remedy it, and the consequences of non-compliance. The notice must allow the statutory minimum period of 20 working days for the borrower to remedy the default before further enforcement action can be taken. This document represents a critical juncture in the lending relationship and must be handled with precise attention to legal requirements and responsible lending obligations.
Suggested Sections

1. Sender Details: Full legal name and contact details of the mortgagee/lender, including registration numbers if applicable

2. Recipient Details: Full legal name and address of the mortgagor/borrower

3. Property Details: Legal description and physical address of the mortgaged property

4. Loan Reference: Reference numbers for the mortgage agreement and associated loan account

5. Default Notice: Clear statement of the default situation, including the nature of the default and when it occurred

6. Amount in Default: Detailed breakdown of the amount in default, including principal, interest, and any fees

7. Remedy Period: Statutory notice period (typically 20 working days in NZ) during which the default can be remedied

8. Required Actions: Clear explanation of what the borrower must do to remedy the default

9. Consequences: Statement of the lender's intention to exercise power of sale if the default is not remedied

Optional Sections

1. Previous Communications: Reference to any previous communications regarding the default - include if there have been prior notices or discussions

2. Hardship Assistance: Information about hardship assistance options - include if required by responsible lending obligations or if offering additional support

3. Insurance Requirements: Reminder of insurance obligations - include if there are concerns about property insurance

4. Dispute Resolution: Information about dispute resolution processes - include if required by your organization's policies or regulatory requirements

5. Additional Security: Reference to any additional security held - include if there are multiple securities for the loan

Suggested Schedules

1. Schedule A - Payment History: Detailed breakdown of payment history showing the default pattern

2. Schedule B - Outstanding Amount Calculation: Detailed calculation of the total amount owing, including interest, fees, and charges

3. Schedule C - Property Information: Copy of property title or other relevant property documentation

4. Appendix 1 - Statutory Information: Required statutory information about borrower's rights and the foreclosure process under NZ law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Banking & Financial Services

Real Estate

Legal Services

Mortgage Lending

Property Management

Consumer Finance

Credit Services

Relevant Teams

Legal

Credit Risk

Collections

Mortgage Operations

Compliance

Customer Relations

Default Management

Property Services

Document Processing

Lending Operations

Relevant Roles

Credit Manager

Mortgage Manager

Legal Counsel

Collections Officer

Risk Manager

Compliance Officer

Property Law Specialist

Lending Manager

Customer Relations Manager

Default Operations Manager

Credit Risk Officer

Mortgage Recovery Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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