[heading]Property to be auctioned for at least 75 percent price observed expert opinion[/heading]
My husband, who is not a citizen of the Slovak Republic, We have half a year ago and bought a house with a mortgage. My husband lost his job and I'm on maternity leave. What does the bank in case, that paying off a mortgage more? How do I apply for handing over the house?
As is clear from the facts you described with regard to the existing mortgage, we believe, it also had to create a pledge on property, which bank loans secured. From the facts you described is also apparent, that you are not currently able to pay each installment of the loan, under a credit agreement.
Priority should be to find out how you set up the loan contract breach of loan conditions, t. j. non-compliance with the obligations arising from a loan, which the payment of installments due and timely. It would also be necessary to become familiar with the credit agreement in terms of, how the bank can satisfy the performance pledge overdue receivables.
If you would like to sell you own property in question, reference to the provisions § 151h paragraph. 1 Civil Code, pursuant to which, When converting or transferring backup operates a lien against the assignee advance, contract if the lien does not, advance that the pledgor may deposit or part load transfer without a lien or if the law or a special law provides otherwise. In accordance with § 151h paragraph. 2 Civil Code, The transferee deposit, acts against which the lien, pass effect assignment or transfer of all rights and obligations of the pledgor under a contract lien. Acquirer backup, acts against which the lien, is obliged to tolerate the pledge and be subject to the rights and obligations of the pledgor. The present results, that if you would like to sell property, you could proceed with the consent of the bank anyway, the new owner bought the property with a lien and take on the rights and obligations under a credit agreement, t. j. rights and responsibilities associated with the loan payment.
According to § 151J paragraph. 1 Civil Code, If the claim is secured by a lien is not proper and timely performance, pledgee may commence a lien. The performance pledge to the pledgee may satisfy the manner specified in the contract or sale by auction advance under a special law, or seek to meet sales advance by special laws, If this law or a special law provides otherwise. It follows, the Bank of overdue receivables in the exercise of lien may proceed, that your home meets manner agreed in the contract or in accordance with the Law on Voluntary Auctions only, the property is sold at auction, or if you will to the bank to dispose of enforcing (final and enforceable court decision), through the bailiff in accordance with an enforceable poriadkom.Máme for it, the Bank prior to maturity has no reason to agree to sell properties, EVEN, if you agree with the present or agreed between. The Bank will proceed to sell to and, as the defaults in the performance of individual payments.
Overdue receivables (installment of the loan or. several installments of the loan) You will probably bank has repeatedly called for the payment of installments (Of course it will depend on the individual conditions of the Loan Agreement).
The maturity of the loan and take up the pledge will notify the Bank in accordance with § 151 liters Civil Code.
Most likely it can be assumed, that the bank will proceed with the backup monetization, t.j. Selling your property on a voluntary auction in accordance with the Law on voluntary auctions by a particular auction house.
As part of the process as the Bank shall commission an expert opinion, which will constitute the starting price of your property. According to the provisions of. § 16 ODS. 6 Law on voluntary auctions must be your property auctioned minimum price observed after ¾ expert opinion, if there have reported their domicile.
After the sale of the property to satisfy the expense of yield auction, Bank claims with the penalty or. other contractual penalties, that might be the Bank in accordance with the Treaty charge. With the proceeds obtained from the sale of property exceed the amount, of which the bank has to satisfy, excess bank balance will return.
In relation to more detailed reporting procedure would be best to familiarize yourself with the loan agreement or the more informed the bank branch or. a bank with which you have signed loans.
However, it is preferable, try to monetize your property without the involvement of banks; t.j. before, as the Bank delivered its lien. This is usually a much better solution for you as pledgor.
By acting as a lawyer in the law firm lawyers Proiuris.
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