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due to a recent accident, hospitalisation and surgery (all…

due to a recent accident...
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?
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Answered in 14 hours by:
3/6/2013
T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1,466
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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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.
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Customer reply replied 5 years ago

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


 

No, this does not apply unless expressly stated in the mortgage contract.
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Customer reply replied 5 years 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?

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
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1,466
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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