SuperEgon
2019-10-16 10:05:25
- #1
Yes, as I said, I consider both viewpoints legally justifiable. As is often the case in jurisprudence, the matter is not clear-cut.
However, another aspect just came to my mind: Under certain circumstances, there is the possibility to completely get out of the forward loan, and immediately!
It concerns the so-called revocation joker. In the legally required revocation instructions in the banks' loan contracts, there were often errors (especially during the time when you concluded the contract), meaning they did not comply with the prescribed standards. The consequence would then be that the revocation period has not even started to run yet, and you can still revoke the contract now. Even pre-paid early repayment penalties could then be reversed.
However, this always has to be clarified on a case-by-case basis. This must be done by a lawyer specialized in capital market law.
I would have this checked.
Good luck!
PS: forgot my password, hence now with a slightly modified nickname
I have also raised the issue of revocation at MHB a few years ago... they were not immediately willing to release us from the contract either...
I then accepted that at the time and did not pursue it further... But that would again be a matter to be dealt with through lawyers...