93A.8 Order Authorising Mortgagee To Take Possession Of Abandoned Property - Land And Conveyancing Law Reform Act 2009, Section 98(2)

What this form is for

• • Use when the borrower has vacated the property with no intention of returning
• • Use when attempts to contact the borrower have been unsuccessful
• • Use when the property appears unoccupied and unmaintained
• • Use when mortgage payments have ceased for an extended period
• • Use when you need court authorization to secure or manage the property

Use this form or another form?

Deadline or filing window

There is no strict deadline for filing, but applications should be submitted promptly once abandonment is confirmed to prevent deterioration of the property and potential loss of value.

Before you submit

• • Verify property ownership and mortgage details
• • Gather evidence of abandonment (utility bills, no contact attempts)
• • Complete all sections of the form accurately
• • Include recent property valuation
• • Prepare affidavit supporting abandonment claim
• • Check court fees and payment method
• • Ensure correct court jurisdiction is selected

How to file this form

1. 1Obtain and complete Form 93A.8 from the Courts Service website
2. 2Gather supporting documentation (mortgage details, evidence of abandonment)
3. 3Complete the affidavit supporting your application
4. 4File the form and documents with the appropriate court office
5. 5Pay the required court fees
6. 6Serve notice to all interested parties as required by law
7. 7Attend any scheduled court hearing if required

Known limitations

• • This form does not apply to properties where the borrower is still residing
• • Court may require additional evidence beyond what's listed on the form
• • Does not exempt from following proper property valuation procedures
• • Does not guarantee immediate possession order
• • Court may impose conditions on how possession is taken