In RHG Mortgage Corporation Ltd v Astolfi [2011] NSWSC 1526 the respondent resisted an attempt to foreclose on her property, arguing that the mortgage could not be enforced because it had been securitized. The court struck out the pleadings responding that the right to enforce the mortgage flows from the mortgage agreement itself.
“A similar matter was raised before McCallum J in the matter of Westpac Banking Corporation v Mason [2011] NSWSC 1241 judgment delivered on 7 October 2011. In that judgment her Honour set out reasons why the so-called securitisation allegations said to amount to a defence did not preclude a registered mortgagee from being able to obtain possession of the property. It seems to me that the same position applies in the present case as applied in that case. The evidence discloses that the Plaintiff is the registered mortgagee on the property. That, as McCallum J makes clear in Mason , gives it undeniable rights based on the indefeasibility provisions of the Real Property Act 1900.
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