Sydney, Australia, July 16, 2021
While the mortgage and debt assignment business is old and well established internationally, it is not well known or understood in Australia, which has led to Ian david lazar to notoriety over the years.
Mortgage assignment involves the transfer of mortgage debt and the assignment of the mortgagee’s estate into the mortgaged property. It confers the debt and the estate on the assignee, as well as all the rights, powers and remedies of the mortgage. The assignor is the mortgagee who disposes of the mortgage.
Banks and non-bank lenders participate in the mortgage and assignment trade in order to effectively resolve non-performing loans and manage their portfolios.
Non-performing loans are normally negotiated at a discount to induce the assignee to participate in the transaction, as the lender wants the loan and the borrower to be “off the books” quickly for a number of reasons, including;
– The time and costs associated with the management of non-performing loans;
– Reputational risk associated with taking enforcement action and selling the underlying collateral;
– The lender can be a Managed Investment Schemes with statutory reporting obligations and portfolio ratios that must be maintained, including their net tangible assets and the percentage of non-performing loan. The allocation of non-performing loans is a mechanism for managing portfolio ratios to ensure rapid compliance with regime rules, thus avoiding unwanted attention from regulators.
Because the practice is not widely understood and the assignee takes enforcement action against the borrower, assignees, including Mr. Ian Lazar, face constant negative, unfair and relentless prosecutions by borrowers, the media and, in some cases, regulators.
The misinformed label of “predatory loan” is often used, which is highly inappropriate because the assignee was not a party to the original loan, and in any event, at the time an assignment took place, the loan was not was not performing at all. This means that the borrower defaulted on their obligations to the lender and financial stress existed prior to the assignment.
It is important to note that the assignee is bound by the terms and conditions of the original loan, which may mean that interest and charges accumulate at a higher rate, but this would be the case regardless of whether an assignment had place or not.
Too often, borrowers have refused to accept responsibility for the situation they found themselves in and, disgustingly, have sought to lay the blame on the assignee and attempt to use the media or authorities to improperly obtain a relief. Ironically, it is this behavior that, in part, drives the mortgage and debt assignment activity.
If borrowers willingly and quickly sold collateral and other assets to meet their obligations to the lender, the mortgage and debt assignment activity might be less relevant.
It should also be noted that at the conclusion of transactions, Mr. Ian David Lazar often grants a monetary discount on the face value of the debt owed, effectively sharing some discount received from the original lender with the borrower.
Mr. Ian David Lazar continues to engage in the legal practice of acquiring non-performing loans and mortgage-backed securities, and will continue his efforts to ensure that this practice is recognized as legitimate and in no way predatory.