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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1357
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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Hi, we fell into arrears last year with our home in Brittany.We

Customer Question

Hi, we fell into arrears last year with our home in Brittany.
We brought arrears up to date this year,only for the Bank to instruct
Baillifs to attend and do a "Descripion" for our home to be sold.
They give us a payment scheme then they seem to have withdrawn it
without any contact with us
Submitted: 1 year ago.
Category: French Law
Expert:  T Perrin C replied 1 year ago.
The bank is usually entitled to pursue and ask a court order to have the house sold if you have missed more than two on-time payments - even if paid later. You really need to read the small prints of your mortgage contract to check if this applies to you. The standard rule is: if one payment is late or missed, you can put everything back on track if all is brought up to date within 30 days. If a second payment is late or missed before the first is settled, the bank is free to reclaim repayment of balance due immediately (the entire capital + interests run) and sale of mortgage property if applicable. If your home in Brittany is a holiday home, this is bound to be the procedure they choose.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1357
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
T Perrin C and other French Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX i would really want answered is how can we stop this. This will be our full time home from April 2014.


Can you put us in contact with someone who can help.


 


Our home is not let out nor rented to anyone.


 


Regards


 


Finian


 

Customer: replied 1 year ago.

 


Thank you, the question i would really want answered is how can we stop this. This will be our full time home from April 2014.


Can you put us in contact with someone who can help.


 


Our home is not let out nor rented to anyone.


 


Regards


 


Finian

Customer: replied 1 year ago.

 


Thank you, the question i would really want answered is how can we stop this. This will be our full time home from April 2014.


Can you put us in contact with someone who can help.


 


Our home is not let out nor rented to anyone.


 


Regards


 


Finian

Customer: replied 1 year ago.


Hi,


I would greatful if you you could please answer my follow up question.


Sent on the 14/08/2013 and 16/08/2013.


 


Regards


 


Finian Robinson

Expert:  T Perrin C replied 1 year ago.
Sorry for the delay but I was off work last week.
Basically, once the payments have been missed, there is not much you can do legally to avoid the bank exercising its contractual rights.
One way though, would be to see whether all legal procedures were followed when the mortgage was granted initially. Sometimes (not so rarely) banks take shortcuts which enable borrowers to have their debt canceled or partially canceled. The AFUB ( you can find them on internet) will help you check if there is any loophole in your mortgage contract.

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