Is the bank calling in your mortgage, or is the sale of your home imminent? Have the legal basis, the arrears, the announced steps and the deadlines assessed immediately. A complaint against the bank does not automatically stop a forced sale. At the same time, it may be necessary to investigate whether calling in the loan is correct and proportionate.
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Written by Onur Arslan, attorney at Arslan Advocaten. Do you have questions about your own situation? Get in touch.
Why is the loan being called in?
The bank may refer to payment arrears, incorrect information in the application, unauthorised letting, insufficient insurance or another breach of contract. Ask which clause is being applied and which facts have been established. The consequences differ depending on the ground.
Check the balance and the payments. An administrative error, an unclear cost item or an arrangement that has not been processed may be relevant. Ask for a full breakdown of the principal, interest, arrears and enforcement costs.
A feasible recovery plan
If the problem is a payment problem, a concrete overview of income, outgoings and available resources helps. Show which arrears can be paid off and when, and why the arrangement is sustainable. A one-off payment without a solution for the monthly instalments may not be enough.
In the case of other breaches, it must be examined whether they can be remedied, for example by ending unauthorised letting or by supplying missing information. Record any earlier consent, warnings and agreements. The bank must base its decision on the correct facts.
Sale and enforcement
A voluntary sale, a private enforcement sale and an auction each have different conditions and consequences. Ask which stage has been reached and which dates have been fixed. An expected sale price must be realistically compared with the debt and the costs.
The rules on mortgage rights and enforcement can be found, among other places, in Book 3 of the Dutch Civil Code (BW). Whether those powers are being exercised lawfully requires a specific assessment. The mere fact that a sale has drastic consequences does not automatically prevent enforcement.
Fraud allegations or registration alongside calling in the loan
If there is an allegation concerning a payslip, an employer’s statement or occupancy of the property, registrations and investigation costs may also follow. Ask for separate reasons for each measure. A mortgage dispute and an entry in the External Reference Register (EVR) are legally connected, but they are not the same decision.
Send sensitive documents carefully and completely, insofar as they are relevant. Correct demonstrable errors openly. An incorrect statement made after the event can further weaken your position.
Frequently asked questions
Can the bank sell my home straight away?
Conditions and procedures apply. Have the current stage and the announced dates assessed immediately.
Does a payment arrangement help?
A feasible arrangement may be relevant. Ask for written confirmation of which measures will be suspended while you comply with it.
Does Kifid stop the auction?
Do not assume so. Urgent protection may require a different route.
What does Arslan need?
The mortgage deed, the loan conditions, the letter calling in the loan, a balance statement, letters from the bailiff or civil-law notary and an overview of your financial situation.
Read also about termination of credit, suretyship and the duration of a registration.
Have the calling in of your mortgage and the options to protect your position in time assessed.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
