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Council set to auction houses to recover $383,480 in rates and charges

The Lismore App

Simon Mumford

27 August 2020, 7:46 PM

Council set to auction houses to recover $383,480 in rates and charges

The Lismore City Council will sell 15 properties on Saturday November 28 to recover $383,480 of overdue rates.


Councillors decided during the June council meeting and decided it was fair and equitable to all rate payers that these properties are sold to recover the unpaid debt.


GM Shelley Oldham said "Council is not in a financial position to be able to carry the debts".


The last time this enforced was in May 2011.


The overdue rate amounts have been amassed over five years and in some cases 10 years and vary in amounts from $20,944 to $42,108.


Councils are given the power to sell land for the purpose of recovering overdue rates and charges under the Local Government Act 1993.


(one of the 15 properties for sale at Engine Street, South Lismore)


Social Media has gone into overdrive about council naming the people and their addresses but Ms Oldham said this because council must strictly comply with the legislative requirements, "One of those requirements is to name the person who owns the title to the property. This allows a third party who may have a claim on the property to come forward"


"If we did not do this, we would have been in breach of the Act and also opened up Council and ratepayers to possible legal action from a third party."


The last time council did try to sell a property it was taken to court and lost. Could this happen with these 15 listed properties?


"Based on the court decision, Council reviewed and streamlined its previous policy. The new policy was adopted in 2012", Ms Oldham added.


The owners of the 15 properties can still avoid the potential sale by either making a payment in full or proposing, in writing, a payment plan that is acceptable to council.


One of the homeowners who wishes to remain anonymous spoke with the Lismore App saying that personal family circumstances played a large part for one family who are full-time carers with two special needs children.


In their dealings with council they said they didn't receive all correspondence pertaining to overdue notices or letters of demand.


"I own the house but don't live there because of a DV situation," the homeowner said.


"I did ring council and make payment plans, I even went to the courthouse to sign documents and even the court attendee said 'You're in no position to pay anything,' and I said that's right,"


"I had no idea council had done this, I heard it from family and friends who rang me and texted me saying it's all over social media,"


When asked about the steps taken by council to recover the overdue amounts, Ms Oldham said "Before considering these properties for sale, Council has taken all reasonable steps, under its Debt Recovery Policy, in an attempt to recover the debt. This process includes Reminder letters, Demand letters and legal action. In some cases, we organised support conferences with ratepayers and undertook onsite assistance."


Councillors will have a further opportunity to remove properties from the sale process closer to the date of the auction.


Those listed can avoid the sales of their properties by either making a payment in full or by proposing, in writing, a payment plan that is acceptable to council.


The properties will be auctioned by Wal Murray & Co Real Estate at Lismore City Hall, 1 Bounty Street at 10am on Saturday November 28, 2020.






 

FOR SALE/OPEN HOMES

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