The house belongs to the bank, but they do not claim it, grandma lives in it

  • Erstellt am 2017-11-01 08:35:45

Specki

2018-10-16 14:27:52
  • #1
No. We are keeping our feet still for now. We first have to sell an apartment and then see how things go with my grandma. She will probably move somewhere else anyway, and then we can find out what's going on with the house... Regards Specki
 

Musketier

2018-10-16 17:43:12
  • #2
I wouldn't alert the bank either, but you should have a rough idea of what might come your way when Grandma is no longer here. At least, I would want to know that as a potential heir.
 

Specki

2018-10-17 07:48:59
  • #3
Yes, of course. But as long as she still lives there now, we just don't want to scare horses. And presumably, she will have to move during the course of 2019 anyway. After that, everything can be clarified.
 

clubfan

2018-11-16 18:43:10
  • #4
The matter is undoubtedly very exciting and interesting.

First of all, I must confess that I have not read all the statements attentively and may possibly overlook something.

Of course, one would need to know the land register excerpt and the contracts.

The situation is probably that the actual borrower (is not the property owner) has not serviced the property-secured loan for 10 years and the bank does not realize the property, or fails in two attempts due to objections by the now deceased property owner, who was possibly quite knowledgeable and clever (the bank surely has not forgotten the case). What is behind this (formal errors, etc.)? I will just put forward one assumption, a missing declaration of purpose (can sometimes be forgotten during processing?) by the property owner that the property is liable for the relevant loan of the borrower.

Then the bank indeed has a realization problem. But someone must recognize this as well (possibly the clever grandfather, even the fact that he was an influential police officer does not apparently protect him from a foreclosure auction). Because whether the court examines this matter (ZWEBE) when initiating the foreclosure proceedings is doubtful.

However, the land charge (annoyance land charge) is also present, so the property owner has a problem again.

I will now simply continue the assumed situation, then I recommend, at the appropriate time, for example as soon as one’s own occupancy is no longer existentially necessary, the following course of action.

Negotiations with the bank with the goal of getting rid of the property cheaply in order to retain the property for oneself (heirs, etc.). (Subsequently all possibilities from self-use to sale)

So for example object value €150,000, the bank has the property but formally cannot realize it, but it is in the land register; then you just negotiate at a low price level (e.g., €10,000–50,000) so that by paying such an annoyance premium you get rid of the property. Profit then for example up to €100,000 (added value of the object). Of course, the bank also knows that it is at least an annoyance to the property owner and thus will not settle for pennies.

In conclusion. I am someone who, among other things, has been financially and with expertise involved in real estate financing projects with my own means (absolutely serious and fair – references possible) for four years. In such a case I would, for example, have fun.

But everything could also be completely different. For example, realization was absolutely unsuccessful (no bidders), but it is obviously obvious from the objection that no foreclosure date took place at all, so the question remains what is behind it. Based on my experience, I have the feeling that my theory is not that far from the facts.

We could both keep an eye on this.
 

Specki

2019-02-05 08:41:20
  • #5
So, there was a lot of interest in the matter here. Now something has happened, and as promised I want to keep you informed.

We finally wanted to have clarity. So my uncle simply wrote to the bank at the time that was listed with the mortgage in the land register and asked what was actually going on.

A very surprising answer came back. The bank no longer claims the house! IT BELONGS TO US! Unbelievable! A weight has been lifted from my grandmother's heart.

Apparently, there were several people who had guaranteed this loan back then. When everything went downhill, the bank wanted their money back. They wanted to auction our house at that time. My grandpa prevented that by threatening to go public, and as mentioned, he was a big shot in the police and had the right contacts. So back then (that was around 2003) he successfully prevented a forced auction twice. The bank then went to the other guarantors and on to the borrowers. There it apparently collected as much money as possible, and that apparently was enough. So the bank no longer raises any objection to the house.

Well, it all turned out well after all. After years of trembling.

Regards Specki
 

HilfeHilfe

2019-02-05 10:55:44
  • #6
well, and which bridges were it ?? don't they have any claim to the house ?

but still, congratulations
 

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