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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1380
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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due to a recent accident, hospitalisation and surgery (all

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due to a recent accident, hospitalisation and surgery (all of which have been disclosed to the bank) I am unable to meet my monthly mortgage repayment. I have approached the bank and asked for an easing of the mortgage for a period of 3 months until I can return to full time employment. the bank have threatened repossession even though I am only 1.5 months in arrears. what do I do next to avoid this?
Submitted: 1 year ago.
Category: French Law
Expert:  T Perrin C replied 1 year ago.
Basically, apart form negotiating with the bank, if you are not covered by insurance, there is not much you can do. You just need to read your mortgage contract to make sure that the bank is not being "tougher" than contractually agreed, or to see whether the bank did not take any shortcut (quite common) when you signed the mortgage (for ex: the credit offer was sent to you by mail 8 days before signature and not signed in their office - they need to be able to prove it. Or all cost and charges were actually included in the TEG calculation - the AFUB website will give you more clues regarding this,...) Any shortcut taken by the bank would give you a lot of weight in the negotiation and make them very compliant.
Customer: replied 1 year ago.

in the uk a 3 month "mortgage holiday" is considered acceptable when something like this occurs, does this not apply in france?


 

Expert:  T Perrin C replied 1 year ago.
No, this does not apply unless expressly stated in the mortgage contract.
Customer: replied 1 year ago.

thank you for this. I note on our payment schedule we pay a monthly fee for Assurance, would this cover such an incident? I have all medical records from the hospital detailing the accident that has rendered me unfit to work at present?

Expert:  T Perrin C replied 1 year ago.
The "usual" compulsory insurance covers only death and permanent invalidity. For more details on your specific coverage, you need read the insurance contract attached to your mortgage contract: risks covered, exclusions.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1380
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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T Perrin C
T Perrin C
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8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)