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.
Written by Onur Arslan, attorney at Arslan Advocaten. Onur Arslan practised for many years as a corporate lawyer and insolvency trustee (curator) and has extensive experience in financial law disputes. Content updated on 2 October 2026. 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 factually 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.
What does calling in the mortgage mean?
Acceleration means that the lender demands payment of the called-in loan, not merely overdue instalments. This differs from a reminder or information request. Read the letter carefully: what amount is demanded, from which date, under which contractual provision and with which next step announced?
Distinguish whether the debt is due from how the bank exercises its mortgage rights. Even where there is a breach, the applicable conditions and use of powers require assessment. Conversely, disputing one charge does not automatically mean the whole debt is not due. Address the specific parts of the decision.
The first days after the demand
- Record receipt, payment deadline and every date mentioned by the notary or bailiff.
- Keep the envelope, email and attachments. Check whether co-owners or co-borrowers received separate letters.
- Request a current balance and precise acceleration ground if unclear.
- Document your finances and prepare a proposal you can actually fulfil.
- Ask in writing whether further steps will be held while your proposal is assessed. Rely on postponement only once confirmed.
- Have urgent court protection assessed immediately if a sale date is approaching.
A phone call can help, but confirm arrangements in writing. A statement that your file is under review does not necessarily postpone an auction or payment deadline.
How do you make a credible payment proposal?
Start with the normal monthly payment. Paying old arrears does not solve the problem if new arrears arise simultaneously. Show confirmed income, necessary expenses and the amount available in addition. Support anticipated improvement with a contract or other concrete evidence; hope of future work is not payment certainty.
Then state the amount and date of each additional payment, the source of any lump sum and the response to a setback. Ask which interest and costs continue during the arrangement. A plan may solve the problem or merely buy time. Discuss honestly whether the home remains affordable in the longer term.
What information should you request from the bank?
- The applicable loan terms and provision relied on for acceleration.
- A breakdown of principal, arrears, interest and costs, including processed payments.
- Earlier warnings, opportunities to remedy and responses to your proposals.
- The stage of sale or enforcement and the relevant notary or bailiff.
- A written decision on your request for postponement or a payment arrangement.
An allegation about letting or application information calls for different evidence: permission, rental arrangements, the application, original documents and your explanation. Do not assume that paying arrears automatically resolves a separate allegation.
Voluntary sale, private enforcement sale or auction
In a voluntary sale, you sell the home with arrangements about repayment and release of the mortgage. A private enforcement sale is a different route with its own judicial requirements. A public enforcement auction has a separate procedure again. Do not confuse these terms when agreeing a course with the bank.
Article 3:268 of the Dutch Civil Code gives the mortgagee enforcement rights subject to conditions where the debtor is in default of the secured obligation. The deed, terms, facts and procedure matter in exercising that right. Kifid explains the relevance of consultation and attempts at a solution before sale for arrears. This does not create unlimited entitlement to postponement.
For a consumer’s mortgage, Article 7:128a of the Dutch Civil Code also applies. If you are in default, the lender may only announce enforcement once at least two months have passed since the claim became due, and after it has personally invited you to discuss the payment arrears. It may only depart from this if that cannot reasonably be required of it. So check whether and when that invitation was made. In addition, the compensation the bank charges for the arrears, on top of the statutory interest, may not exceed the loss it actually suffers as a result (Article 7:128a(2) of the Dutch Civil Code).
Calculate expected proceeds, selling costs and remaining debt. Ask how much time the bank permits and what progress it requires, such as instructing an agent or a realistic asking price. An oral idea about selling is not an agreed process.
What happens to a shortfall?
Sale proceeds may be lower than the debt and costs. Selling does not then automatically remove the remaining obligation. Request a completion statement and discuss settlement. Where Nationale Hypotheek Garantie applies, examine the guarantee and any conditions for debt release separately; “NHG” appearing on your documents is insufficient by itself.
For a joint loan, establish who remains liable to the bank. An agreement between former partners about who pays does not automatically bind the lender. Involve all relevant borrowers and record the bank’s own commitment.
A complaint does not automatically stop a sale
You may challenge the reasons internally and request a final position. Kifid’s jurisdiction depends, among other things, on the provider, product and procedural rules. An internal or Kifid complaint does not automatically suspend announced enforcement. Ask expressly for postponement and check the confirmation.
Where irreversible consequences threaten, urgent court protection may need assessment. The question includes the legal basis, evidence, competing interests and a workable alternative, not only the seriousness of losing the home. Proceedings offer no guaranteed outcome and involve potential costs. Obtain an assessment before a firm deadline expires.
Example of an initial written response
Dear Sir or Madam,
On [date] I received your letter calling in loan [number]. Please provide the applicable ground, current balance breakdown and confirmation of the announced steps and dates.
My response to the stated ground is [specific facts and attachments]. I propose [amounts, payment dates and evidence]. Please assess this proposal and confirm in writing whether you will hold sale and enforcement measures during that assessment. Please respond by [date appropriate to the announced deadline].
This letter does not admit disputed amounts or allegations. I reserve my rights.
Yours faithfully, [name]
Adapt this to your file. Reserving rights does not replace any required payment, interruption of limitation or proceedings. Keep evidence of sending and receipt and continue monitoring announced dates.
Frequently asked questions
Can the bank sell my home straight away?
Conditions and procedures apply. For a consumer’s mortgage, the bank may only announce enforcement two months after the loan became due and after it has personally invited you to discuss the arrears (Article 7:128a of the Dutch Civil Code). 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.
