Welcome to 2009!

Many of you would have been waiting with great expectation to hear of the next episode in the sale of our home. You may all be wondering what has happened, and why we have been so silent. This information will not be too far away.

THIS IS A BLOG FOR BRUCE GILMOUR, THE PRINCIPLE OF ELDERS REAL ESTATE CASTLE HILL & KELLYVILLE.

We wish to invite Bruce Gilmour, the principle of Elders real estate Castle Hill and Kellyville, to answer a few questions for us in regards to the sale of our home 22 Parsonage Road Castle Hill.

Bruce Gilmour

Bruce Gilmour happily choose to auction our home on Saturday, the 13th December, 2008. The property was sold under the hammer on the Saturday morning. We know this because someone from the Elders office sent us an extremely nasty email in regards to the sale of the property on the Saturday evening. This persons knowledge was far too great to have been a general member of the public. The email had to have been from someone very close to the sale of the property, someone from Elders office. It had to have been either Chris Carr (who is a little hemorrhoid), or Bruce Gilmour himself. The email was intended to rub salt deeply into our wounds, and to pepper us up.

We knew that the property had to have sold as when we drove by the property on Saturday afternoon at 4pm, the for sale sign had been removed. This is extremely strange, as when a real estate agent sells a property in the local community, it is the real estate agents proudest moment to put a “SOLD” sticker across the for sale sign. The longer the sign stays up in front of the property, the better it is for the real estate agent, as he is promoted to the general public as being successful, and would usually drum up some new listings for himself.

Not Bruce Gilmour though. No. He instantly removes the signage from the property. Why Bruce? We wouldn’t imagine that a “man” of your low character would even have a conscience to feel guilty over what you had done. We believe that you are once again trying to cover up and hide your outrageous, unethical, criminal, gangland activity so that the Hills community will not find out about what you have done. Fortunately for the residents of the Hills community, we will be ensuring this year that they ALL hear about your activities.

Coughing up the excuse that you were only acting under Perpetual Limiteds instructions is a load of shit, because at the end of the day, you are the responsible one, the one to be held accountable. It is your job to advise Perpetual Limited when their instructions are going hey wire, and bring them back into the boundaries. You should know the rules Bruce Gilmour!

Do you have anything to say Bruce Gilmour before you are exposed? The Hills will be shouting this year about Bruce Gilmour, and Elders real estate agency at Castle Hill, and Kellyville, and all of their unethical, gangland, criminal, lying, money hungry sales people.

You see, even though a New Year has arrived, if there are matters from the previous year that have not been dealt with, you cannot move on until they are dealt with. So our question to you, Bruce Gilmour, NOT “Dan” or “Max Highfield” (that are fake names that post nasty comments on this blog using fake email addresses), is what are you trying so desperately to hide? We trust that you have disclosed to the new purchasers the issues surrounding the sale of this home, as this is YOUR responsibility. You are the one that will be held accountable before the Office of Fair Trading for all that you either have, or have not done.

Why are you trying so desperately and quickly to remove all of your involvement in the sale of 22 Parsonage Road, Castle Hill? Do you think that by removing all evidence of your involvement that the matter is just going to go away?

Why isn’t 22 Parsonage Road, Castle Hill up on your website in the recent sales section? You only sold it 3 weeks ago! We understand that the price that YOU sold it for was nothing at all to be proud of. We also understand that if we were you, we would be hiding all evidence of how you sold the property as well, as imagine the harm that would come to your business if that was exposed?

Welcome to the New Year Bruce Gilmour, and Elders Real Estate at Castle Hill and Kellyville. This IS your year to be held totally accountable for your actions! If you are a resident of the Hills area, and are thinking of selling, DO NOT GO TO ELDERS REAL ESTATE AT CASTLE HILL OR KELLYVILLE.

THEY ARE A GANG OF THIEVES AND THUGS, WHO DO NOT HAVE YOUR BEST INTERESTS AT HEART. YOU WILL BE HORRIFIED in the coming weeks to hear of the truth about this real estate agency, and its principal, Bruce Gilmour. Stay away from this agency!

Bruce Gilmour has been given the opportunity to make comments from his own offices email address about what has happened. We eagerly await his open and honest comments. We will take it that he agrees with everything on this web site as being truth, if he does not comment.

Direct Marketing will soon begin to make sure all residents around and in the Hills area know the truth about Bruce Gilmour and Elders Real Estate Castle Hill and Kellyville. The publicity of what happened with this sale is about to jump up to a new level. A level that Bruce Gilmour and Elders Real Estate Castle Hill & Kellyville will never have dreamed possible. Don’t spend that commission cheque too quickly Bruce Gilmour. You will need every cent of it this year!

We just wanted to post a message at this time of year of hope and encouragement to those who have lost their home to the bank this year, or in the years past. We want to you to know that you are not alone, and there are many other families that have gone through the extreme loss and trama connected with loosing their family home. We are one of those families, though we have decided that we will make a stand to hold the banks and all their deed doers accountable.

We trust that you are able to take some time out, where you can have a break, and breathe, and allow the healing process to start. We trust that you have some great family and friends who will come alongside you at this Christmas time of year, and love you, and surrond you with kindness and understanding. We trust that you will look for things that will make you smile again, and choose to start the new year afresh, one step at a time. Loosing your family home, (which equates differently for everyone affected, but often equals many, many years of hard work and sacrifice), can seem like you have been left in a hopeless position, that is unrecoverable.

Find some time to have a break, and choose to start the new year with some goals that you will be able to take steps to achieve with success. We pray for you, that God in heaven, who has seen all that you have been through, will minister to you and bless you in ways that you would never have expected. He is real, and if you call on Him, He will hear you, and help you. We pray that you will have the courage to take steps again to rebuild your future, and that of your family’s. We pray that God will hold you together, and make you strong again, from the inside out.

To those visitors to this site who have never had this tragedy happen to them, but know someone who has, we encourage you to show kindness in some way to this person / family. The lose is undescribable, it is almost like loosing a family member. Did you know that you could be Gods hands and feet to a person who is hurting terribly, just by showing them an act of kindness? Did you know that many times when these type of situations happen, the home owner has had some unfortune come his way unexpectedly, like a loss of a job, or serious, debilitating sickness? Loving these friends or family instead of judging them will help them to recover much quicker.

And finally, to those who are actually in positions of power, (CEO’s of banks, the banks lawyers and barristers, judges, sheriffs, etc), who choose to go ahead guns blazing to financially cripple a member of the Australian public by getting orders from the Supreme Court to evict these families from their family home, this is the time of year to reconsider what you are actually doing. You do know that on many occassions there is a solution to these problems, but because you do not have a heart, and your company has a great need to cash in, you use your knowledge to your own advantage at the great disadvantage of another.

You also know that the general public of Australia are not familiar with how our courts work, many of them live to far away to be able to fight back with your extremely quick action that you take. You use all of this to your advantage, to bull dose over these families for your own greed.  Do you actually realise that you are seriously affecting real Australian families with the actions that you take, while you lack duty of care for the home borrower. It is all one sided, the banks way or no way! You all need to be held accountable for your actions.

To the banks pimps, the Private Property Consultants and the local real estate agents, who CHOOSE to come alongside the lender, and also the mortgage insurer, to firesale the property, all for the purpose of greed, you also need to really think hard about what you are doing to hard working families, and members of your own local community. Your behaviour in these matters is disgusting, and if your local communities knew what you were up to in these firesales, they would be horrified.

To the visitors to this website who have had the carpet ripped out from under them by their bank or lender, we sincerely wish you a Christmas and New Year, where you can actually catch your breathe, have a break, and begin to take steps to recover. We sincerely trust that someone you know will come alongside you, and love and support you, so you can hope again.

Love,
Kerrie & Dallas

Visit:

http://au.youtube.com/watch?v=BJkmUFP24yk

http://www.metacafe.com/watch/2096594/elders_real_estate/

http://real-estate-video.info/property/elders-real-estate/BJkmUFP24yk.html

http://www.calgary.es/video/BJkmUFP24yk/Elders-Real-Estate.html

http://www.viddler.com/explore/eldersch/videos/1/

http://bengaliguru.com/video/youtube/0/video/elders%20real%20estate/BJkmUFP24yk.html

http://www.wakeshow.pl/0/video/elders%20real%20estate/BJkmUFP24yk.html

www.howcast.com/videos/88358-Elders-Real-Estate

www.vimeo.com/2376074

www.viddler.com/explore/eldersch/videos/1/

They are the same videos being rapidly distributed over the internet to various sites. So far, we have found this video on over 50 other web sites.

One question we have for Bruce Gilmore, is where will the auction be held? Surely they have worked out where the auction will be by now? What are you afraid will happen Bruce? We have a film crew ready to capture this moment so its important you let everyone know where the auction will be, and let the Australian public see one of the bank’s pimps in action!

Gee, the pool’s looking green. The creepy crawly is back! Love the new door nobs in the bathrooms and bedroom down stairs! The pot is definitely gone.

We love how Elders have changed all the wording in their advertising for the property, (that we will of course have to pay for). Suddenly, Elders are promoting the property in a much better light. Why? Is  that because what we challenged them on was true? I hope all our readers saw the shocking way Grant McEnally and Elders were promoting our property the first time they tried.  Did you suddenly decide that you were doing a poor job? Did the mortgage insurers pay you a visit Bruce?

We noticed that Elders Real Estate Castle Hill are deliberately not publishing the location of the auction. Even though we said we wanted to come to the Auction with one of the major television networks to film this deliberate fire sale, it seems that Bruce Gilmore is doing all he can to prevent us knowing where the Auction will be held.

The problem is Bruce, that we are available on this day, and so is the reporter and film crew. It could be at the Hills Lodge, at the home, somewhere else. Who knows? The suspense is almost killing us, but we do look forward to the big day. You’re going to have to let the cat out of the bag sooner or later, or how will anyone have the opportunity to purchase this years bargain?

Okay, so back to the main reason for this post.

What happens when a home in one street is sold for way under market value? Well… a few things happen. One, buyers who are prepared get to buy a good top quality home for a really cheap price, and you can’t blame anyone looking for a really good deal now, can you?

But what happens when its much more then a good deal, and it becomes a careless deal?

Lets consider some of the ways that other homes in the street and surrounding areas become impacted by careless decisions by banks and mortgagee sales, conducted by local real estate agents, who are out for one thing, and one thing only, to fill their pockets with the commission that they will receive from the fire sale of the home.

Lets say the true market value of a home is $825,000 and other comparable sales in the area have sold for this and similar prices. Now what happens when that same house is being marketed by a local real estate agent (Elders Real Estate Castle Hill), and they set the buyer expectations at around the $600,000 range? Well… 474 interested lookers have an expectation of buying this home for about $600,000 (can you blame them?).

When the sales people take people through the home, they reveal that the home is a mortgagee sale, and encourage people to expect to get a bargain.

Okay, lets fast forward to Saturday, December 13th, 2008 at 10am.

A few interested bidders, (or many), turn up to the Auction all expecting a bargain. Some lucky person will buy themselves a great home for way under true market value. Even other real estate agents in the local area have said that Elders Real Estate Castle Hill are marketing this home way under its true market value. (By the way Bruce, you are officially being watched via this website by other local real estate agents who have opted in to keep tabs on this scenario). The reason this sale is being watched with interest, is that for one of the first times, someone has the guts to share what it is like to be on the other side of a mortagee in possession.

Now, lets pretend that a lucky buyer gets this home for $650,000 (probably under). Good luck to them, but what are the consequences of this fire sale that Elders Real Estate Castle Hill are actively doing as we speak? Well, the median values of homes in Parsonage Road will drop for a start. The surrounding streets become impacted as well. Any spike in prices either up or down in a postcode directly impacts the median price for a suburb. Remember Bruce Gilmour’s name, Parsonage Road, he is happily firesaling our home, and you will all be affected by your house prices dropping even further as well!

Mortgagee sales will happen. Its a sad fact of life. When mortgagee sales happen in a particular suburb, it forces the house prices down in that area.

We are just one family in many around the country who is being impacted by a mortgagee sale. We don’t seek compassion, charity or sympathy. The whole reason this web site was created was to encourage people who are facing a mortgagee sale, to seek a fair and transparent sale through the courts and to get whatever help they can to prevent it from happening. The enormous lose that comes from loosing your family home to the bank is almost undiscribable. All the years of hard work, regualr repayments, improvements to the property, etc, to have it all ripped out from under you, there are no words to describe it. Then to have a local real estate agency happily be involved in fire saling the property - you’d never have a good word to say about them again for the rest of your life. You reap what you sow Bruce Gilmour, it may take years, but you will reap what you are sowing from this sale long after you have spent your commission.

People who have not had any financial hiccups generally could not care less, and from some of the emails we have received, this has become more evident. Life has a funny way of presenting curve balls at the best of times, and what goes around comes around. You just never know when something unexpected will pop up. Be it a health scare or loss of job (or something else). it could even be the looming world financial crisis.

For residents of Castle Hill, you can all personally thank Bruce Gilmore from Elders Real Estate Castle Hill for helping to screw up the values of your suburb in December 2008. We gave Bruce and his office the opportunity to prevent this from happening. For young families in the area who have purchased recently in the last few years, remember to drop into the Elders office and shake Bruce’s hand. Maybe buy him a Christmas card, and say thanks for contributing to screwing the values of our area.

What about those in the local Castle Hill area who are mortgaged to the max, and are having trouble meeting their mortgage repayments? House prices sliding down even further does not help the situation, as these vendors cannot get the price that they need to cover the debt they have, and then they have to take into consideration the real estate agents commissions as well. Mortgagee sales contribute directly to the local suburbs house values. Most mortgagee sales are fire saled, and it is not just the old home owner who loses, it is the local community.

We gave Bruce Gilmore and Grant McEnally proof that what they are doing is illegal - they have been put on notice. We did not remind them of the consequences of the drop in values that will happen if they proceed with their actions, however, being real estate agents, they would already know the problem they are about to cause. That large commission is worth it, isen’t it? All they want is the money!

One law firm instantly walked away from this issue once they received the same information, however, Elders Real Estate Castle Hill are proceeding regardless. Perhaps they have sought legal opinion. For their own sake, we trust they will have got confirmation from their legal representatives in writing that they have nothing to worry about, because when this matter is heard in court soon, or in years to come, they will not be able to say “We were just doing our job” or “We were told we had nothing to be concerned about” - they have been put on notice and have zero excuse.

It’s not too late for Bruce and his office to back out of this deliberate fire sale. What do you think he will choose to do? Why don’t you watch and see! You could put a bet on it and be guaranteed to win.

These letters were sent out on Thursday, October 30th, 2008. One of those individuals and companies who received this letter was a legal firm in Sydney called PH Legal Pty Ltd. The contact name was Pauline Heng.

We would like to congratulate Pauline Heng for being wise enough to see the serious offense that she would have been involved in, had she continued to seek us legally.

Below is an original scanned copy of the letter that PH Legal sent back to us the very next day, dated October 31st, 2008.

It will be interesting to see what the other individuals choose to do. One person last week suggested that we are trying to blame everyone else for what has happened to us. Actually, nothing could be further from the truth, and we “do have a grip”, more then you can ever imagine. Much more actually.

This response confirms to us, along with the fact that every real estate agent has walked away from selling this property, that there is much truth in what we are doing.

We had a very long, very interesting talk with a reporter from the ABC this week. We did not look for this opportunity, they approached us. Be warned, we now have a couple of stations following our story, and how the banks and all their workers go about the business of foreclosing on families. We will not be shy in exposing the slime, don’t be surprised if suddenly you have a reporter wishing to speak with you!

While it would be nice to be able to post similar letters, like the one above from PH Legal Pty Ltd, many individuals will think to themselves that the letter they received was a load of rubbish, and by doing nothing and not responding, they are, by default, accepting the full consequences once the matter is heard. So now that we have had this instant response from a law firm in Sydney (they responded the day they received our mail), if we do not hear from anyone else who has received our mail in writing, it will be assumed from our point that you have no defence and we will proceed with our action against you.

If you have a property that is pending sale due to a mortgagee being awarded a default judgment, make sure you go to www.basicfraud.com and prepare your documents.

Include your State Premier, your State Attorney General, The Govenor General, your Local Federal Member, your Local State Member, all Directors of your Bank/Lending institution, the Police (if they have chosen to be involved in Cival matters, (like Castle Hill Police chose to do), all Sheriff’s who were involved, the Queen (yes, Elizabeth II), The Baroness Cathy Ashton of the Privy Council (UK Government). Read everything at the www.basicfraud.com web site and ask questions if you need help.

P.S. For those who have asked, we are not suggesting that we should have No Law, No Government or anything like that. What we are saying is that the scam that all Australians have been living under since the end of World War 1, must be exposed, and we must have a valid Government put in place with valid laws.

Still don’t understand what we mean? (I know we were a little confused at first), make sure you download Australia The Concealed Colony from the www.basicfraud.com web site and educate yourself. You may find it hard to believe the facts, but do your own home work and then decide what you believe.

Keep your eye out for the next lot of posts coming soon.

To many, most will wonder what this means, and why have they received this 23 page letter.

The letter is self explanatory. The reason you have received this letter is because of your involvement in the past, the present or the future, in regards to the property at hand. Make no mistake about any of the content of the letter you have received.

Under International Humans Rights law, the worst offence is war crimes. Coming second is willingly being involved in forcing financial deprevation on another human being.

Proceeding any further means you accept the consequences of your actions. The excuse of saying “I was just doing my job” will not cut it under International Human Rights law.

For the 30,000+ visitors to this web site each month, this probably means very little to you at this stage. Just know that everything that we have been taught in school about Australian Government and Law has been basic fraud. You can understand this situation more by visiting www.BasicFraud.com and make sure you download your own 500 page copy of Australia, the Concealed Colony. It contains over 500 pages of proof. Do your own research and make up your own mind on what to believe.

Remember, over the years, how various Governments have tried to convince the Australian people that we should become a Republic? There was a very good reason for this. To attempt to fix the coverups that you will find contained in Australia The Concealed Colony. Each time, the Australian people said NO. If and when the Government come clean with the people remains yet to be seen, but one thing is for sure. For matters like ours (along with many other 1000’s of Families), once some of the large UK Law firms win these cases under the International Human Rights courts, these lies will be brought out into the open.

We understand there are “Gag” orders on all media outlets around the country on the above subject matter.

To many, these statements will seem outrageous. You have every right to feel that way, but before you throw any stones, read Australia The Concealed Colony (with proof contained) and then make up your mind. The difference between right and wrong.

Sometimes, seemingly bad things happen for a reason. We are not hear to cause trouble. We are hear to see change, and look forward to seeing corrupt Governments and Legal systems and most of all, the Banking systems, overhauled and accountable.

We want to show you pictures of our home when we had it on the market exactly one year ago, when we still resided in the residence. Please note how lovely and homely the house looks, and how well cared for it is as we still live there.

Look at the advertising, the words used by the local real estate agent, to promote the property in the best light to gain the best possible price for the home owner. He has purposefully enhanced the qualities of the property to showcase it. Everything in regards to the property was done to make the property as appealing as possible, to achieve the best possible win for the home owner, and in return the real estate agent would have received his commission for his work in helping achieve the best possible result.

Front Yard

Lounge Room

Lounge Room

Family Room

Kitchen

Dining

Kitchen

Main Bedroom

Back Patio

Pool

Pool

Front Foyer

A sample add from the local real estate agent last year used all the above “Before Photo’s” and used the following marketing copy. The difference between the 2 real estate agents and their marketing to promote the property in its best possible light is amazing.

22 Parsonage Road, CASTLE HILL
Inspect: By Appointment or Call For Open

Approx 1,000sq - Glorious Grounds

A delightful design with fresh interiors and a showcase of features, offering
elegant country charm.

• 5 bedrooms, including two master suites
• Formal lounge- sandstock open fireplace with separate dining
• Granite kitchen with new stainless steel appliances and huge walk-in pantry
• Airconditioned, polished floors and trendy carpet
• Rumpus and spacious family room
• Saltwater inground pool with spa - northerly aspect
• Drive thru garage and loads of extra parking
• Flexible settlement available

The space, style and size will surprise.

Click Here To See Buyer Feedback on the same Home

Now we would like to show you the SAME property, one year later, being put on the market by the bank, and all that work for them. Note, that we now do not reside at the property, as with a mortgagee in possession the property must be vacant. Normally, the real estate agent who is present on the day to accept vacant possession carries the sale through to the end. Our case is an exception to this rule, Homeway First National, Castle Hill (Krys Yard and Bill Austin), who accepted vacant possession of this property, appear to have now turned their backs on the sale, and their appears to be new real estate agents who have taken over, being Grant McEnally from Elders at Castle Hill.

We are not sure if they will continue to sell this property either, as at the moment, they have taken down all their advertising of the property from the internet. It is very important that you are aware of how this real estate agency, and Grant McNalley in particular, were purposefully doing the dirty on us, for the banks, and also for their commissions. They have tried to hide the evidence by removing it from the internet, though we managed to have a copy. Below is his way of promoting the property to disadvantage us, the home owner, but to aid the bank in getting the property sold for any old price, so that the bank can be paid out in full by the mortgage insurer once the property is sold. Of course, he will get his commission for his lack of bother, and Dallas and I will be the ones that pay him this.

Note the poor pictures, making the property look hagard and old. Surely the photographer could have done much better, I could have.

Is THIS the Best that Grant McEnally can do?

Another example of Grant McEnally's Work

Note the HUGE difference in the property now. Note the way that Grant McEnally has used words to promote the property. Note how he is letting everyone know that the property must be sold. He has not promoted any qualities of the property with thought or bother, and I don’t believe that any home owner would appreciate this sort of advertising for their property. He thinks that this is a blue bird listing, and he doesn’t care. He is supposed to be in the top 3 of Elders real estate agents. Boy, he certainly isen’t working for us!

Doesn’t the property look dreadful when no one lives there? Because the property has been vacant now for 3 months, everything has become overgrown and run down, whereas if we still lived there, we would be taking great care of the property. The property is empty, and does not have that lovely feeling of warmth, or homeliness. It is stark, and empty. And the advertising adds to the desperation of the matter that this property just has to be sold, so that the bank can get their money, but only AFTER the property is sold. In this situation, it is the home owner who is the looser, as the banks are fully mortgage insured, and will be covered no matter what the shortfall is. The real estate agent will also receive his EASY commission from his blue lird listing.

We, as the owners of the property, are not allowed to step foot on the property, which is highly unfortunate for us, as we would have maintained this property beautifully to allow it to continue to blossom under our care, and present well for sale. We did fight this matter in court, but to no avail for us as Perpetual will not negioate, they want to get their money, no matter what the cost to their customer, the home borrower. So now, we will wait and see what transpires.

Now, not only has the bank being continuely, daily, allowing interest to acrue, and fees and bank charges also keep adding to the home owners eventual bill, but other activities that will cost the home owner more money have been accuring as well.

As the property is unattended, and no one lives there, the opportunities for people to steal things from the property becomes a real player in this as well. For example, when we had the front gardens landscaped, we CONCRETED a lovely pot into the corner of the garden. The reason that we CONCRETED this pot into the garden was so that no one would be able to just walk in and steal it. But now, as we don’t live there anymore, someone, maybe the real estate agents lawnmower man, has gone to the bother to either get a crowbar to hammer away at the concrete to remove the pot, or get some sort of masanory tool for cutting concrete to remove the pot. The reason I bring this up, it’s not only stealing that is very wrong, but these type of low acts just makes the property value go down even more, causing even more grief to the only ones affected by this matter, the old home owners.

On leaving the property, we left behind the creepy crawly, and pool equipment as well. These seem to have been happily taken as well, as they are no longer in the pool, which is, of course, crystal clear now thanks to the local Baulkham Hill’s pool shop getting this job from the local real estate agent. Maybe they thought they would like to take these items for themself too?

Now work has been done to the property as well to add to the ever acruing costs. Air conditioning has been installed in 3 of the 4 upstairs bedrooms. I can’t understand why you just didn’t bother to put the air conditioning in all 4 bedrooms? The air conditioning men spent a couple of days installing these 3 units. Has anyone been talking to Judith, our nasty old neighbour? Looks to me like she has been giving someone the run down.

The pool men spent a good day at the property bringing the pool back to sparkling, and returns regularly to do his water checks. Did you make some money on our creepy crawley?

The lawn mower man came, and did an absolutely hopeless job of mowing the grass, and then took a trailer load of rubbish away with him. He didn’t even bother to wipersnip, or use a catcher to mow the lawns.

Now, Dallas and I will be charged for everything that goes on at this property. Even all the behind the scenes things that happen, that the general public have no idea about, for example, Tagma Property Consultants. We will be charged their fee of over $1000, as well as the real estate agents fee which will come up around $20,000. How would you feel if you were about to be ripped off big time, or as Justice Hislop said to Dallas at the Supreme Court one day, jipped! Justice Hislop could see our point, and totally agreed with it, as each time we stood before him in court, he awarded in our favour.

For people feeling the urge to judge, like our old neighbour on the townhouse side, life is very circumstancial, and you never know what may come your way health wise. Sickness that doesn’t go away quickly, or an injury that causes you not to be able to work, can really put a dent in your cash flow which is what happened to us. With the worldwide financial crisis that we are all facing, and the massive job looses that are predicted, lets hope that Australians are going to be able to continue to afford their mortgage repayments if they don’t have work. The banks certainly won’t be sympathitic, the banks just want their money. it is a very difficult position to be in if you are financed to the max, but property prices have fallen below the debt. This puts home owners in a very difficult position should any of these life circumstances happen. No one can guarantee a smooth ride through life. The reason we are fighting this is because changes need to be made for the hard working, innocent Australians who have given their all to home ownership, and then life circumstance has happened to come along their path.

The property above is the same property. The first pictures are of a property being sold before the banks had taken possession. The property is well presented and well advertised. The average buyer is happy to pay around middle to low $800,00’s. The buyers all say that this is comparable to other properties that they have viewed that are of similar quality.

The second lot of pictures is the same property being sold AFTER the banks have taken possession, after people have helped themselves to whatever they wished. 3 months have now passed since the bank took possession. The property is poorly advertised and being presented in a way that does not promote the property in a good light, therefore meaning the property will be severely firesaled on purpose by the real estate agent Grant McNalley. Grant has slipped the property into the $600,000 price range, that is between $250,000 to $200,000 under what the property was selling for one year prior.

We thought it was interesting how one property can look so different, and be marketed so differently. It just goes to show how the banks and all their little workers show lack of duty of care when it comes to achieving the best possible sales price for the home borrower. The reason that none of them care, is that none of them have anything to lose, as they will all make generous amounts of money from the sale. I suppose there is one thing they have to loose, that is their reputation!

Last night, we posted on the lastest information surrounding the sale of our family home in Castle Hill. After posting the information on this web site, we then emailed Elders Real Estate Castle Hill to let them know that we know they are promoting our property now and that we have put up a post about it on this web site.

Elders Listing of 22 Parsonage Rd, Castle Hill, as of Thursday 16 October, 2008

This is the first listing we found on the RealEstate.com.au on Thursday 16 October, 2008. Again, the marketing approach for this property states Property Must Be Sold! In other words, the owners are really desperate and it needs to be sold.

So when we found that Elders Real Estate Castle Hill were now promoting this property, we went over to their website and did a search to show all their property listings for homes over $700,000.

We found nothing.

Then we did a search for all their listings over $650,000.

We found nothing.

So finally, we then did a search to show all properties that are $600,000 and above.

Bingo! There was our property listed just under a home that was listed for $609,000! This seems like an intention to attract buyers in the $600,000 price range, otherwise they would have no reason to deceive the public… surely, they would never do anything like this. They are Real Estate Agents after all, and we all know they tell the truth and hold ethics in the highest esteem.

My Home listing as at Thursday, 16 October, 2008

So we thought we would keep searching around to see how else our property was being promoted.

Now we know that Elders Real Estate Castle Hill will probably think we have too much time on our hands, but its important that everyone knows what goes on with these mortgagee in possession sales.

Lets face it, if there was nothing wrong with how they were attempting to market and sell our property, why would they suddenly remove all references of the property less than 12 hours after hearing from us?

Again, we see the sub heading read Property Must Be Sold! Basically, the wording, and the pictures are all the same as the what they posted on realestate.com.au because many of these web sites feed other web sites, to make the promotion process much faster.

At or around 1.00pm Friday 17 October, 2008 there had been 160 hits showing interest on this property. So, at or around 4pm Friday 17 October, 2008, in preparation for this post, we went back to Elders Real Estate Castle Hill’s web site, and found that the listing for our home had suddenly been removed.

Naturally, we figured this was a technical hiccup, so we then when over to realestate.com.au and then myhome.com.au. To our surprise, we found our property had been removed from these web sites as well.

Oh dear, what is going on now?

Hey Dude, where's Property ID 105278755 gone?

Luckily, we took note of the unique property id on the realestate.com.au web site. That unique property id was: 105278755.

The only thing was, this property id is no longer in the system.

The image to the left suggests this happens when the property has been sold or leased.

So where did this listing go?

We can only come to two conclusions.

1) The property has either been sold or leased, but how could this happen if Elders Real Estate Castle Hill and particularly, Grant McEnally followed the law, in the way properties must be promoted for sale? There is no For Sale sign at the property as of Friday evening, 17 October, 2008, and there never has been, despite Perpetual Limited now having the property in their possession for 3 months! How long does it take to prepare a contract for sale of land? (We had one prepared in 24 hours)!

2) They felt uneasy about promoting this property, and decided to remove it until they know their next move. You can’t help but think that they have got cold feet.

Google Search for "22 Parsonage Road"

If you go to Google, and do a search on “22 Parsonage Rd” you will see that Google still has the listing details, but if you click on the listing in Google, no information will show up.

But the great thing about Google, is the way it stores the Cache listing of what it has already indexed into its search engine.

Google is good for many things, and this is yet another great feature of Google, showing how Elders Real Estate Castle Hill do the Now You See It… Now You Don’t magic trick.

Fresh Google listings of the promotion of 22 Parsonage Road Castle Hill.

So the results of the search in Google, when you enter “22 Parsonage Rd” show several different Real Estate web sites with the address of 22 Parsonage Road Castle Hill, but none of them display any information, because the details have been removed.

We have put a circle around the word Cached that appears under the Google listing.

Click on the Cached link and you will see that Google has a snap shot of what they indexed from these web sites a day or so before hand.

So we would naturally ask, why has all this information suddenly been removed?

We know that Elders Real Estate Castle Hill received our email because we have a Return Receipt from Christine Lawrence, who is listed as the Reception and Admin Assistant on their web site. We are yet to get a reply to our email, so we can’t say why this property listing has been removed from promotions.

All we did was inform Elders Real Estate Castle Hill of the whole truth about what is going to be happening from where we sit, and that we expect that Grant McEnally will be ethical with every prospective sales lead, with the information he does, and does not give out.

One closing question we would ask Grant McEnally from Elders Real Estate Castle Hill is about the price point that they setup on their web site. Did you really expect to bring in lots of people who believed they would be paying around $600,000 for this property? Was that your intention? If not, what was your intention? Is it true that “The Bank” set a very high reserve price, yet the buyer inquiry range is for $600,000 properties, so the property would naturally pass in? Is it also true that as a real estate agent, and with “The Banks” permission, you can then start receiving private offers? Is it true that Tony Anderson from Tagma Property Consultants (property introducers) have special buyers lined up to purchase these mortgagee sales, after the auction has been passed in?

You are more then welcome to place your comment on this website and we will publish it - you have the option of clearing these questions up to address the public’s interest, particularly those who are in the process of loosing their home in the same way as us.

In the Supreme Court of NSW, August 19 2008, Perpetual Limited’s Barrister clearly stated that they had received curb side valuations (not a true on site valuation), that the property was valued between $650,000 - $720,000 (and this was only a curb side valuation, way under true market value). When Perpetual Limited let us borrow the money for this property, they sent a registered valuer (September 2005) who attended the property for over 1 hour, going over everything with a fine tooth comb, came back with a $950,000 valuation.

We all know that bank valuations are normally more conservative, so we would really like to know why the search on your web site was set at $600,000 buyer enquiry price ranges?

I also recall receiving a call from a male real estate agent from Elders Real Estate Castle Hill around the same time. I cannot recall who this sales man was, but I know it was not Craig Alexis, as I had spoken with him before and found him pleasant to speak with. Whoever this was, had an air and attitude about them in the way they spoke to me. The phone call was full of questions for me by the caller, and then the caller very smugly, and with underlining meaning to his message, told me that “we would leave it like that then”, as I wasn’t giving him any information, and did not wish to speak to him. I mentioned this call to Dallas, and then we proceeded to forget about it.

That is until today. We have been watching the process of the preparation of the property for sale by the bank. We knew that the time was getting very close for the property to finally arrive on the market by the amount of activity going on (basically everyone spending whatever money they liked for Dallas and I to be billed, like putting new air conditioning in the property!) We’ve noticed the theft that has taken place as well (whoever has the beautiful urn pot that was concreted into the front garden, I must say I am impressed with your desperation to take something that doesn’t even belong to you, well done!)

Oh, yes, getting back to today. To our absolute surprise on checking realestate.com.au today, we found our property listed with ELDERS Real Estate at CASTLE HILL!

Where has Homeway First National gone with the not so lovely Krys Yard and Bill Austin? You can’t be serious that they walked away from an easy listing because of us? Maybe First National didn’t appreciate the truth being told about their sales people, how they work for the bank in these type of situations, and against their local community. We never heard from Stewart Bunn again, First Nationals National Communications manager. Maybe we had way to much evidence of Krys Yard’s slimy, back door dealings with other companies to assist an unethical sale for us, but to get her hands on her commissions? Maybe Krys Yard does have a conscience after all, and decided that what she was doing was wrong? Only First National and the individuals involved know why they walked away from continuing to sell our property for the bank, but we are absolutely dumbfounded that they gave up! It obviously wasn’t worth it for them.

Well, now we would like to introduce to you the new salesman working to assist Perpetual Limited.

Grant can be contacted on 02 9899 3311

This is Grant McEnally. He is proudly and willingly assisting Perpetual Limited and its shareholders get richer. You see, it doesn’t matter how much Grant McEnally sells this house for, Perpetual Limited will receive everything it is owed as Perpetual Limited are 100% Mortgage Insured by Genworth Financial Mortgage Insurance. His intentions have already been made clear, that he, along with the bank, intend to totally fire sale our property. It will make no difference to him. He will get paid his generous commission for conducting a short sale on the property in his local community (we will be charged this for his lack of duty of care to obtain the best price for us). Maybe Tony Anderson from Tagma Property Consultants will pay him a generous commission as well for helping sell the property to one of his mates behind the back door? Surely this kind of underhanded behaviour would not happen with our trusty local real estate agents, would it?

The property was on the market exactly one year ago for the middle $800’s. Our property only shows up on the Elders Real Estate Castle Hill website when you type in properties around $600,000. Late in 2005, Perpetual Limited’s own property valuer valued this home at $950,000 and we had spent thousands on the property since that time. Yes, we know the market has dropped, but we also have access to RP Data and know what properties have sold for recently, that are similar to our home.

When you are on the Elders Real Estate Castle Hill website, and you look at properties for sale in the Castle Hill area, if you put in a search to show properties for $700,000 and above, our property does not show up. When you put in $650,000 and above, our property does not show up. When you put in $600,000 and above, there it is! So this is either a cheap and nasty lead generator technique to get as much response as possible, or blatent intentional short sale (which means to sell a property at a massive loss, so that the old home owner is stuck with a shortfall debt).

There are not too many people around who actually like the banks. I don’t think there are too many people around who actually like real estate agents either.

Grant McEnally is actually doing the Hills community a great injustice here by assisting the banks to short sale this property. The more this is done by real estate agents in the local area, the more house prices and values will continue to fall. Most people today are mortgaged to the max, and a lot of people wouldn’t be able to sell their home already for what the debt is. House prices falling just makes this problem worse. The more members of the local community that have to face huge losses from mortgagee sales, when they have been short sold, means that many of these families will face massive financial ruin and ultimately,  bankruptcy will become more common.

Anyway, we just wanted you to meet the local, caring real estate agent who is going to do the dirty on us for the banks and their profits, and of course his easy commission.

Now, back to Homeway First National Real Estate Castle Hill, just because you have walked away, does not mean this is over. You will get a much better understanding of this in the next few weeks, as will Elders Real Estate Castle Hill.

Below is the “Judgment” that was finally given by “Justice Johnson”. Enjoy the read of what shows our NSW Supreme Court, its Judge and Perpetual Limited and the way they have rights, but we as free people appear to have none!

The only thing we requested was for the original signed in ink loan contract to be produced, and for our affidavit to be review by Johnson J based on the entire submission. Johnson J refused to review the entire affidavit, and its attachments. Johnson J had already made his decision way before we appeared before him in court. Basically, we were witnesses to a judge doing as he had already determined in his heart BEFORE he heard what we had to say.

Johnson J and Mr Casseldon, squashed everything of importance and relevance to our case immediately when different issues where brought up, such as Perpetual’s already obvious LACK of duty of care in obtaining the best sales price for the property, and the most important part of all, the total refusal of producing the original, signed in ink loan contract that would give Perpetual the right to keep moving forward, if they still had this vital piece of information in their possession. If Perpetual did not have this piece of evidence, they would have NO right at all in doing what they have done so far. The original signed in ink loan contract MUST be produced to both parties to sight BEFORE any repossession orders can be put in place! Be warned, if your oppostion is a lender in court, you will have to fight extremely hard to have any rights. Make sure you demand to see the original, signed in ink loan contract, as many lenders sell these off to cash up, without letting the home borrower know.

Every time we wished to defend Mr Casseldons claims, we were shut down by Mr Casseldon and Johnson J, and refused to be allowed to speak. I thought court was supposed to be a place where people could excercise their rights in safety? We were denied legal advise when given the valuable court records that we were given 10 minutes to view for the first time. These records have since proved invaluable in noting how all of the people in our community who we thought well of, including the local police, had all conived together to work against us, a hard working good Australian family.

We didn’t realise that court was such a spiritual place, but we sat there this day and the same demons that came out when we changed the locks back at our property, reappeared with great oppression and aggression. We sat there in that court room and witnessed great evil, and could do absolutely nothing about it.

	CITATION :	Perpetual Limited v Kelso and Anor [2008] NSWSC 906
	HEARING DATE(S) :	19 August 2008
	JUDGMENT OF :	Johnson J at 1
	EX TEMPORE JUDGMENT DATE :	19 August 2008
	DECISION :	Notice of Motion dismissed. No order as to costs.

	CATCHWORDS :	MORTGAGES - claim by mortgagee for possession of land following mortgage default - default judgment entered and writ of possession issued - writ of possession executed and Plaintiff takes possession of property - Defendants re-enter property - Plaintiff obtains writ of restitution - Defendants seek stay of execution of writ of restitution and apply to set aside default judgment - McKenzie friend - claim to right of trial by jury - relief refused - Plaintiff entitled to proceed with writ of restitution
	LEGISLATION CITED :	Supreme Court Act 1970 Real Property Act 1900
	CATEGORY :	Principal judgment
	CASES CITED :	Damjanovic v Maley (2002) 55 NSWLR 149 Teese v State Bank of NSW [2002] NSWCCA 219 Maroubra Rugby League Football Club v Malo (2007) 69 NSWLR 496 Pitcher v Roe (1841) 9 Dowl 971 Alliance Building Society v Austen [1951] 2 All ER 1068 Abram v National Australia Bank Ltd (Court of Appeal, 1 May 1997, BC9701553) Maher v Commonwealth Bank of Australia (No 2) (2004) 211 ALR 656 R v Elliott [1955] VLR 126 Balanced Securities Limited v Oberlechner [2007] NSWSC 80 Inglis v Commonwealth Trading Bank of Australia (1972) 126 CLR 161 GE Personal Finance Pty Ltd v Smith [2006] NSWSC 889 Carr v Finance Corporation of Australia Ltd (1982) 150 CLR 139 Adelaide Bank Limited v BMG Poseidon Corp Pty Ltd [2008] NSWSC 68
	PARTIES :	Perpetual Limited (formerly known as Perpetual Trustees Australia Limited) (Plaintiff) Kerrie Anne Kelso and Dallas John Kelso (Defendants)
	FILE NUMBER(S) :	SC 11717/08
	COUNSEL :	Mr A Casselden (Plaintiff) Kerrie Anne Kelso and Dallas John Kelso (Defendants in person)
	SOLICITORS :	Gadens Lawyers (Plaintiff)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION POSSESSION LIST Johnson J 19 August 2008 11717/08 Perpetual Limited (formerly known as Perpetual Trustees Australia Limited) v Kerrie Anne Kelso and Anor JUDGMENT 1 JOHNSON J: By Notice of Motion filed 15 August 2008 the Defendants, Kerrie Anne Kelso and Dallas John Kelso, seek certain relief with respect to proceedings commenced against them by the Plaintiff, Perpetual Limited (formerly known as Perpetual Trustees Australia Ltd). 2 The Notice of Motion seeks the following orders: “(i) Judgment to set aside. (ii) Defendant to be given leave to file defence. (iii) Stay on the writ of possession or writ of restitution, upon the grounds of needing time to prepare the full details of the defence.” 3 On the hearing of the Notice of Motion, Mr Casselden of counsel has appeared for the Plaintiff and opposes the relief sought by the Defendants. The Defendants are unrepresented by a legal practitioner. At the commencement of the hearing, application was made by the Defendants for leave to be granted for Mr John Wilson, who is not a legal practitioner, to appear for them as a “McKenzie friend”. I declined to grant leave for Mr Wilson to appear: Damjanovic v Maley (2002) 55 NSWLR 149; Teese v State Bank of NSW [2002] NSWCCA 219 at [5]-[12]. However, I indicated that Mr Wilson could sit at the bar table with the Defendants and provide them with advice during the course of the hearing. I note that Mr Wilson has occupied a position at the bar table and has, to my observation, spoken to the Defendants from time to time during the hearing. I did adjourn at one point during the hearing, for a period of about 10 minutes, to allow the Defendants to examine copies of certain documents which had been provided to them from the Court file. History of Proceedings 4 It is necessary to place this present application in context. On 16 April 2008, a Statement of Claim was filed in which the Plaintiff sought relief against the Defendants, alleging mortgage default. The Plaintiff claimed possession of land at 22 Parsonage Road, Castle Hill (“the subject land”) and other relief, including judgment then in the sum of $817,835.33, calculated as at 3 April 2008. It is common ground that the Statement of Claim was served on each of the Defendants on 21 April 2008. No Defence was filed on behalf of the Defendants. 5 Application was made by the Plaintiff for default judgment and the issue of a writ of possession. On 10 June 2008, default judgment was given in favour of the Plaintiff in the sum of $845,585.40, together with an order giving the Plaintiff possession of the subject land. On 17 June 2008, a writ of possession issued for the subject land. On 24 July 2008, the writ of possession was executed by the Sheriff on behalf of the Plaintiff and the locks to the premises were changed. 6 According to affidavit evidence relied upon by the Defendants on the present application, on 31 July 2008 the Defendants re-entered the premises and arranged for the locks to be changed by a locksmith. It is not suggested that the Defendants re-entered the subject land pursuant to any court order. 7 On 6 August 2008, following application made by the Plaintiff, a writ of restitution issued from the Court entitling the Plaintiff to be restored to the possession which it took on 24 July 2008. 8 Between 12 and 15 August 2008, various steps have been taken by the Defendants involving applications for a stay of execution of the writ of restitution. The matter was before Hislop J on two occasions last week in his Honour’s capacity as Duty Judge. On Friday of last week, it was adjourned until 2.00 pm today for hearing before me in my capacity as Possession List Judge. The matter proceeded to hearing today as a result of those orders. The Present Application 9 As I have said, the Defendants have relied upon evidence in support of the application in the form of an affidavit sworn, in effect, jointly by them on 14 August 2008. During the course of the hearing, the Defendants sought access to a number of documents relating to the issue of the default judgment and the writ of possession and copies of those documents have been provided to them from the Court file. As I mentioned earlier, an adjournment was granted during the course of the hearing to allow the Defendants to consider those documents. 10 During the course of the hearing, the Defendants have indicated that they wish to obtain a copy of the original loan contract upon which they seek to rely in support of the application. It appears that no direct request has been made to the Plaintiff for that document before Court today. Mr Kelso indicated to the Court that he had thought that reference in the affidavit of 14 August 2008 to the fact that the Defendants did not have the document, and that they needed it, was sufficient to activate an expectation that the Plaintiff would produce the document. When a call was made for the document in Court today, it was not produced by Mr Casselden and the document is not present in Court. 11 The Defendants have sought a further adjournment of the application to allow them to obtain the original loan document and, as I was informed today, to seek legal advice with respect to the Court documents concerning the default judgment and writ of possession. Mr Casselden opposed the grant of an adjournment and submitted that it was futile to adjourn this application further given that it was lacking merit, and lacking merit incurably. I took the view that an adjournment of the proceedings would not advance this case given the position that has been reached. 12 The affidavit material relied upon by the Defendants, taken with the submissions made by the Defendants, suggests a number of bases upon which they seek the relief in the Notice of Motion. 13 Firstly, it is contended that the Defendants were not lawfully dispossessed, that the execution of the writ of possession on 24 July 2008 was, in some way, unlawful. The argument stems essentially, as I understand it, from the fact that the Defendants were not given notice by the Plaintiff of an intention to make application for default judgment and the issue of the writ of possession. I do not consider there is any merit in this argument. The Statement of Claim was served upon both Defendants. No Defence was filed. The Statement of Claim itself, taken together with the relevant statutory scheme and the rules of Court, indicates what steps may next be taken by a Plaintiff in those circumstances. It is not necessary to give Defendants notice of an application to seek default judgment or the issue of a writ of possession. The fact that they were not notified of that express application does not undermine the process which thereafter issued. 14 A further and related argument which was put was that, in the absence of the consent of the Defendants to the entry of judgment, the Defendants were entitled to trial by jury of the Plaintiff’s claim. In this respect, the affidavit relied upon by the Defendants, and their oral submissions, have touched upon Magna Carta and what are said to be other statutory foundations for such an entitlement. This argument is misconceived. Section 85 Supreme Court Act 1970 makes clear that proceedings in any Division of this Court are to be tried without a jury unless the Court otherwise orders. There are in s.85(2) certain prerequisites to the making of an order for trial by jury. As Mason P observed in Maroubra Rugby League Football Club v Malo (2007) 69 NSWLR 496 at 499 [16], the power to order trial by jury is only engaged if s.85(2) is complied with. I mention this essentially to explain why trial by jury is entirely inapplicable to proceedings of this type, and certainly no steps were taken here which could in any way activate the section. The submission based upon a suggested right to trial by jury is fatally flawed. 15 A further argument advanced by the Defendants is that they seek to be allowed in to defend the proceedings upon arguments identified in the affidavit, where it is said that the loan contract is, in various respects, unfair and unjust. In my view, the fact that the writ of possession has been executed and the Plaintiff has taken possession of the subject land means that, as a matter of law, it is too late for the Defendants to be seeking to be let back in to defend the proceedings. 16 A further argument advanced by the Defendants involves an expression of concern that the Plaintiff is not likely to market the subject land for sale in a manner that will achieve the best available price and that, for that reason, the Defendants ought be allowed to retain possession of the subject land. I do not consider that this is a basis for the grant of a stay, even before the execution of the writ of possession. Again, the fundamental problem for the Defendants is that the writ of possession has been executed. 17 The Defendants acknowledge that a principal sum of $760,000.00 was advanced to them by the Plaintiff pursuant to the mortgage of the subject land. There has been no suggestion from the Defendants of any arrangement that has been put in place, or is being sought to be put in place, to discharge the mortgage to the Plaintiff. 18 I note as well the statement by Mr Casselden that interest is accruing on this loan at the rate of $223.00 per day and that a kerbside valuation of the subject land suggests a likely sale price in the vicinity of $650,000.00 to $725,000.00. Some Legal Issues 19 It is appropriate that I refer briefly to certain legal issues. The writ of restitution is a recognised procedure where, after entry by the Sheriff under a writ of possession, a defendant forcibly resumes possession of the subject land and the plaintiff seeks to have possession restored. It is a writ in aid of another writ of execution: r.39.1(1)(g), Forms 61, 62, Uniform Civil Procedure Rules: Ritchie’s Uniform Civil Procedure NSW, LexisNexis at [39.1.35]; Pitcher v Roe (1841) 9 Dowl 971; Alliance Building Society v Austen [1951] 2 All ER 1068. 20 The use of a writ of restitution has been acknowledged in later cases. In Abram v National Australia Bank Ltd (Court of Appeal, 1 May 1997, BC9701553) Powell JA, at pages 54-55, observed that re-entry by a defendant, after the execution of a writ of possession by the Sheriff, constitutes a trespass with the plaintiffs’ remedy being an application for an order in the nature of a writ of restitution. Powell JA cited, in this respect, Pitcher v Roe and Alliance Building Society v Austen. 21 In Maher v Commonwealth Bank of Australia (No 2) (2004) 211 ALR 656 at 658 [6], Finkelstein J observed that there are cases where a defendant has retaken possession within a short period after possession has been taken where the Court would, upon application, issue a writ of restitution. His Honour cited Pitcher v Roe, Alliance Building Society v Austen and R v Elliott [1955] VLR 126. 22 There is a clear foundation for the course of action taken by the Plaintiff in this case, namely to seek a writ of restitution. 23 I should observe that, if this was a case where the writ of possession had not already been executed, and the Defendants were seeking to set aside a default judgment, a number of hurdles would lie in their path. As Simpson J observed in Balanced Securities Limited v Oberlechner [2007] NSWSC 80 at [19], there are three components which an applicant needs to establish in an application to set aside default judgment. Firstly, an explanation for the failure to defend at the appropriate time. Secondly, a good (arguable) defence on the merits, and thirdly, that it is in the interests of justice to allow the proposed defence to be litigated. Her Honour continued at [20] to observe that, although it is not necessary that a defendant establish that the proposed defence will or must succeed, it is necessary to determine the question having in mind the competing interests of the parties - on the one hand the plaintiff who has properly, legitimately and regularly obtained judgment, and on the other hand, a defendant who has been deprived of an opportunity to advance what might be a legitimate defence. 24 On the material which has been advanced in support of the present application, in my view the Defendants would have grave difficulty on an application to set aside default judgment before a writ of possession had been executed. In circumstances where the writ has already been executed, their position is hopeless. 25 A power of sale under s.58 Real Property Act 1900 is to be exercised for the purpose of the plaintiff recovering moneys which are due and owing to it as a mortgagee (see s.58(3)). Even where a plaintiff takes possession of the property for the purpose of exercising its power of sale, a defendant may obtain an injunction restraining a mortgagee from exercising the power of sale if the amount of the mortgage debt (if this is not in dispute) is paid, or (if the amount is disputed) the amount claimed by the mortgagee is paid into Court: Inglis v Commonwealth Trading Bank of Australia (1972) 126 CLR 161 at 164-167, 168-169; GE Personal Finance Pty Ltd v Smith [2006] NSWSC 889 at [17]. 26 If the Defendants wish to challenge the propriety of any conduct of the Plaintiff in respect of the enforcement of its security, it remains open to them to do so in other proceedings: see Carr v Finance Corporation of Australia Ltd (1982) 150 CLR 139 at 152; Adelaide Bank Limited v BMG Poseidon Corp Pty Ltd [2008] NSWSC 68 at [25]. Conclusion 27 I have made these observations so that the Defendants are aware of the principles applicable in circumstances such as this. It will be apparent from my reasons that I am not satisfied that any legal or factual basis has been demonstrated by the Defendants for the relief they seek in their Notice of Motion. 28 Accordingly, the Notice of Motion is dismissed. 29 The Plaintiff does not seek costs with respect to the Notice of Motion. I make no order as to costs. **********

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