Mortgage expired?

Questioner

There is a mortgage debt and I called about it 8 years ago and was told that I had no debt. Now suddenly after all those 8 years they come with a bailiff who says that there is still a mortgage debt. I asked if it has not expired, but they say that it has been suspended. But we have never received a registered letter or anything.

Lawyer

It appears that the mortgage debt may be subject to prescription. The prescription period for the bank's claim on the mortgage is normally 20 years, but this period may be shortened to 5 years if the bank has not responded after the loan became due. Interruption of prescription means that the prescription period is interrupted and starts running again. This can be done by a written notice in which the creditor unequivocally reserves his right to performance. It is important to know that the creditor's interruption action must take place within the limitation period in order to interrupt the current limitation period. If you indicate that no such written notice was ever received, the suspension may not be legally valid. Ultimately, it will depend on the specific facts and circumstances of your situation. It is advisable to engage a legal advisor or a lawyer who specializes in these types of cases. They can assist you and advise you on the steps to be taken. You may also be able to include past communications indicating that there was no longer any debt. This may be relevant to determining whether prescription has actually occurred. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.