Secured recovery actions can often involve complex and contentious situations which require attention a focus on risk management.
This was evidenced in one particular matter where our client was the mortgagee of a deceased estate.
Although an executor had been appointed, the secured property was occupied by the deceased’s son who refused to vacate the property. To complicate the matter, the person in question had a history with drugs and was residing with a number of tenants who were paying him rent directly.
After the executor was unsuccessful in their attempts to remove the unauthorised tenants, legal action was commenced through the Supreme Court of Western Australia seeking an order for possession. While the legal action was progressing through the Courts, further attempts were made to amicably obtain possession of the secured property through communicating with the occupant son’s lawyers.
Ultimately, we convinced the police to assist removal of the squatters from the secured property, despite their reluctance to be involved.
Throughout the entire process, Results Legal worked with the police, our client and our agent to have the property vacated, and possession was finally taken without the need to enforce the possession order; a very successful outcome for our client.