Secured debts in default

If the relevant credit contract is a mortgage or a secured loan, the client has been issued with a valid default notice and the default has not been addressed within the prescribed timeframe, the creditor may have the right to seize and sell the secured property (usually a house or car).

Refer to Secured Debts and Mortgage Arrears for information regarding your client’s options.


  • these matters are time critical; and
  • not all clients with mortgage issues will be eligible to receive assistance from Homeless Law (for example, if they have significant equity in their home) – speak with Homeless Law on a case-by-case basis about these matters.

You should immediately confirm whether the client has received a valid default notice, the date of this notice and the notice period provided (usually 30 days).

This page contains legal information only. View our disclaimer.

Not a lawyer?

Homeless Law in Practice provides resources and tools for Victorian lawyers and advocates. If you’re looking for help, visit Justice Connect.