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Brisbane Bailiff Service ..

Discussion in 'Legal Issues' started by willair, 12th May, 2016.

  1. willair

    willair Well-Known Member Premium Member

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    Just wondering if anyone has or knows anyone that has been evicted by the Bailiff-Sheriff Police in QLD?,A mate of mine rang late last night,he was married to a Asian Lady no children for about 5 years but they split 9 years ago no divorce,nor property settlement he just lived in the house the Lady meet someone else and moved out one day,, from what he told me this morning,several people have been knocking on his door for the past 9 months trying to serve papers on him,he was supposed to be standing in court several times,three days ago a whole team of people turned up early in the morning ,the Police,--Sheriff--Locksmiths--Real Estate Agent,,let him pack a few bags and now he is on the street,he has had a mental problem for a while and is at the point of losing all sense of reality
    and i'm just trying to help..
    The property is in the bayside area of Brisbane ,old queenslander,large block,maybe valued on land -development value above 500k,but as he told me an hour ago,the real estate agent who will auction the property very soon told someone we know they have had a pre auction offer of 250k,so my question is how much control does he have in the sales price,i know he has made his own problems
    but he has said what he will do if they sell the property for less than 500k,and too who..

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  2. RPI

    RPI Property Lawyer, Town Planner Business Member

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    This means that either, he is in default under the mortgage and the mortgagee has taken possession or that there is a court order for other reasons. Very unlikely that he can regain possession. We have had some cases of severe underselling after possession. He can sue the bank afterwards or seek an injunction if he becomes aware that the property is under contract at less than market. He needs some serious legal advice and this sort of thing is not cheap. I would estimate $5k to get advice on the full picture and then $50-$100k to sue the bank afterwards. An injunction maybe $10k, if that is even a possibility in the circumstance
     
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  3. willair

    willair Well-Known Member Premium Member

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    Thanks for your help RPI,there is no mortgage on the property the title is with the Nab,he's not on welfare or anything just works part time in the Plumbing industry,then has a breakdown when someone does not pay the bill,i'm just trying to stop what may happen if this goes the wrong way,as i think it will,the only way i can see before it all unexpectedly blows up is turn up on the auction day and bid on the property,i have nothing against his ex wife,he should have sorted this problem and finished it several years ago,from what he told me a hour ago he was to be in court three times,never turned up once just thought the problem would go away,now the court has ordered the property to be sold,thanks again..
     
  4. RPI

    RPI Property Lawyer, Town Planner Business Member

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    Since not mortgagee in possession then there is some hope of overturning court decisions, again depending on what they where and what his excuse was for not showing up.
     
  5. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    He has absolutely no say on the sale price.

    Sounds like perhaps the spouse has sued him under the family law act and got some sort of order to appoint a trustee to sell the house. The proceeds may (or may not) be split. Just because there are low ball offers doesn't mean this is what it will sell for. If it does get sold too cheaply he may have grounds to sue, but if they are going to auction and marketing it adequately then what it brings in will generally be market value.

    By sticking his head in the sand he has so far lost about $50,000 I would imagine.
     
  6. Azazel

    Azazel Well-Known Member

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    Do they qualify for legal aid?
    Might be some technicality if he can prove mental incapacity - or whatever.
     
  7. willair

    willair Well-Known Member Premium Member

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    Thanks RPI and Terry Azazel,but to give you a update,against all i try and do today,my mate went back to the house employed a locksmith changed the locks and broke back into the house late this afternoon,the Police came a hour or so later and arrested him,he gave my contact numbers they rang me told what happened and treated him they way wedo in this country ,don't know who called the Police
    but i just got back from the PA mental health unit,where he is now a patient ,they would not let me in to see him,and as he has no family i will go back in the morning and try again,in some ways what's happened is the best way to go,he is safe can't hurt himself or anyone else,, maybe now he can get the help that he would never put his hand up for help,this is the last i will say about this he will now be under the mental health act,thanks for your help..
     
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  8. Hodor

    Hodor Well-Known Member

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    Good luck.
     
  9. Azazel

    Azazel Well-Known Member

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    No good can ever come of that.
    Good to hear they are getting some help, hope there are some sort of provisions with the mental health aspect of it.
     
  10. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    Hospital and not court is the right place
     
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  11. Azazel

    Azazel Well-Known Member

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    For sure.
    Hopefully they find them some medication that helps.
     
  12. Greyghost

    Greyghost Well-Known Member

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    "Jackie Brown"....
     
  13. Azazel

    Azazel Well-Known Member

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    That movie was about 90 minutes too long.
     
  14. Greyghost

    Greyghost Well-Known Member

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    I'm a Tarantino tragic so...