In part 2 of this 3-part series, Omni Bridgeway turns to Nathan Landis, an Investment Manager based in our Perth office, Shane Taylor, a Business Development Director based in our Sydney office,
Australia, Indonesia, Malaysia, Thailand, Energy & Natural Resources, Insolvency & Restructuring, Legal Tech, Litigation, Projects & Procurement, Omni Bridgeway, Renewable energy, Force majeure, Coronavirus
A mortgage bank has the power to foreclose and sell the collateral if the debtor is in default. However, this power does not apply in full. There is a risk of abuse of power in this respect. The circumstances, motives and actions of the parties play a major role in this. In this situation, the interests of the mortgage bank and the debtor are diametrically opposed. The mortgage bank has an interest in claiming the outstanding claim and the debtor has an interest in maintaining his immovable property.
Netherlands, Banking, Insolvency & Restructuring, Litigation, Real Estate, Loyens & Loeff, Foreclosure