Help with residual debt after divorce
Questioner
Almost 5 years ago, after a divorce, we sold our house on the open market. At the insistence of the bank, we accepted a lower offer than the mortgage amount. According to the bank, this would have no consequences for us. This as far as residual debt is concerned. In fact; The linked insurance was also paid out to us. We also received an annual statement that the principal was 0.00 euros. Now, after almost 5 years, we have received a letter from a bailiff that he wants to collect the remaining amount, on behalf of the mortgage provider. When I asked him if he would show me the order from the mortgage provider, he told me that he has the notary documents in his hands and that that should be sufficient for me. My questions are: Is this normal course of events? Is a notary allowed to simply provide information to a bailiff? In the meantime, my salary has been seized. Is there anything I can do about this?Lawyer
The notarial documents that the bailiff has in his hands will not have been received from the notary but from the bank. It probably concerns the 'first grosse' of the mortgage deed, with this document in his hands the bailiff can indeed seize property. I cannot judge whether the seizure was lawfully imposed, for that I would have to see the documents that you received from the bank. If necessary, please contact me directly.Lawyer
You indicate that the bank has insisted on accepting the low bid. The bank may be held liable for this due to the breach of its duty of care. Whether this is the case must be assessed. If desired, please contact me directly and free of charge.Neem de volgende stap
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