Key Post KBC allowed us to sell house in NE, but will chase the shortfall

Jayjay80

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Sure here is the story.

The mortgage was with KBC. Originally taken out for €252k house cost €275k. Drawn down in December 2006. We separated in 2007 (This was our 2nd home). I left the home in September 2007 and moved back to where i'm from. I wanted to sell but my ex wanted to keep the house. He had a decent job and was going to take in a lodger. Basically everything was going fine until December 2008 when he literally stopped paying. We had tried to take my name off the mortgage but KBC were not willing at the time without longer term proof of his capacity to repay. Anyway basically I tried to repay as much as I could from Jan - Sept 08 but I lost my job in May and I couldnt manage it. There were a few sporadic payments made over the next year but not the mortgage amount or anything near it.

We went through meetings etc with KBC reps but things became less amicable between myself and my ex. At one point I took it back to try to rent it and pay the mortgage but my ex removed the tenants and moved back in with his new girlfriend and proceeded to pay almost nothing for an entire year.

In the interim I was pleading with the bank to repossess it because it was becoming a complete farce and I couldn't do a thing about it. It was such a powerless helpless stressful period in my life. I was literally losing sleep over it.

Eventually after years of free riding, he and his girlfriend moved out. I was not granted access to the house at all. I hadn't had a key for years and as far as I know it became unoccupied around easter 2012 but with their possessions still inside for a time after. I did try to look in the windows etc but it was difficult to assess the condition although the exterior was a complete and utter mess. At this point I didn't even consider trying to rent it out. I had no access to funds to get it prepare for rental, the rental income would have been a third of the mortgage and I would have been tied to it forever with no help. I had had enough.

Anyway, my ex contacted me shortly after easter to say he had found a buyer (I don't know how as I couldn't even get into it with an estate agent). He contacted the bank. At this point I'd say it was in arrears for the guts of 3 years and over €30k. The bank weren't getting a penny off either of us at this stage. Needless to say i'd stopped paying for him to live there for free with his girlfriend. I consented to it being sold. The offer of €120k was made and a valuation confirmed this.

I was in college with no income and he was in a low paid job at this stage after periods on the dole. The bank tried to coerce us into signing an agreement to repay the balance and threatened to call off the sale unless we did. I had to get quite firm with them and say that if they didn't take this they'd end up with nothing. So basically it was sold without us making any agreement to repay the balance.

Now I know that we are still liable for the balance. And as the sale closed last week I'm sure they will be back on the phone to me soon. It has been a blissful 6+ months without them hounding me I must say.

Sorry for the long winded tale. I said i'd better tell it all. It might not be helpful to everyone as there is no doubt about it that we were headed for repossession. A repossession that we both wanted, and the bank knew this. Which inevitably is the reason why the consented to the sale. I will let ye know when they are back on to me over the balance...any day now i suspect. They absolutely refused a write down or debt write off. I am waiting patiently for the personal insolvency legislation.
 
Chronology

December 2006 Mortgage drawn down for €252 k
2007 We separated
Sept 2007 I left the family home
Sept 2007 - Dec 2008 He paid the mortgage
Jan - Sept 2009(?) I paid the mortgage
Ongoing Meetings with KBC asking them to take my name off the mortgage and to repossess it
He moved out and I rented it.
He kicked the tenants out but didn't pay the mortgage
Easter 2012 He moved out
Easter 2012 He found a buyer
Negotiations with KBC to allow us sell - they wanted us to sign a form.
Dec 2012 Sale closed - shortfall of around €130k
 
I should also add that MABs told me via telephone to stop wasting my tiny income struggling to pay a mortgage I couldn't afford while he was living there sponging off me and I was getting nowhere. (I was paying it on my visa!!). I did not get into see them as their appointment list in my area is astronomical. Unfortunately while I found the guy in Mabs a real support on the phone he more or less advised that I would only get to see them again if I got a court date, and I should ring back then. New Beginnings at the time were only dealing with clients that were in imminent danger of eviction. And as time progressed, frankly neither of us cared about keeping the house. The years of stress drove me to thinking like that. I wouldn't wish it on anyone.
 
Hi Jayjay

No problem at all with the MABS advice. It was absolutely correct.

You have done your absolute best and far more than anyone else would have done under the circumstances.

KBC needs to step up to the plate now and agree not to pursue you for the money. But they should continue to go after him.

Brendan
 
Thanks Jayjay for sharing that story.

In this story the bank consented to selling the house only after all payments had stopped for a number of years.

I suppose what a lot of people are wondering is whether there are any banks agreeing to selling properties in NE, where payments are up to date.
I'm not aware of any personally.
 
Jay

Your story is really important for others, so I have summarised it in chronological form to make it easier to follow. Could you edit it to clarify any points which I may have misunderstood.

Were you actually paying the mortgage while he and his girlfriend were living in the house?

When was the last mortgage payment? Was it Sept 2009?

Brendan
 
In this story the bank consented to selling the house only after all payments had stopped for a number of years.

I suppose what a lot of people are wondering is whether there are any banks agreeing to selling properties in NE, where payments are up to date.
I'm not aware of any personally.

An interesting observation.

If someone can pay their mortgage, they should do so, whether they are in negative equity or not.

If someone has an unsustainable mortgage, the bank should allow the orderly sale of the property as soon as possible.

Where someone like JayJay has acted responsibly over a period of years, the banks should recognise this.
 
I would like to think that the bank will act honourably enough here and write off the rest. However, they will not do so immediately for the simple (understandable) reason that either party may come into a windfall in the near future which they would be perfectly entitled to follow up on.
 
Well I think jayjay you did a wonderful job. Well done on your story. I hope this is the end of it for you. No mean feat to be able on your own to stand up to the power and might of a bank while tackling your ex. Thank you very much for sharing your story. And what a story.

Cannot believe that you were paying a mortgage with a credit card ! At least MABS gave you the correct advice on this.

Elcato - banks and honorable - these do not go together.

For those in the same situation as Jayjay, don't sign any document unless you know the implications. There must be some reason the banks want these kind of documents signed.
 
A few days ago I called Frost Debt solutions (who were recommended here on AAM) and talked through my situation. I found them to be really sympathetic and I was able to talk through all my financials over the phone. One option Im considering now instead of insolvency or bankruptcy is to approach the bank with a Debt Settlement Arrangement where my debt will be discharged after 5 years, without being declared bankrupt. Anyway, it may be worth calling them and getting some advice - not many solicitors seem to want to help the little guys and they dont charge a fee upfront. The fee seems to get built into the settlement deal.

What appealed to me is that they would go to court and meet the EBS with all my financials without me having to do so - which has been my biggest fear so far - gulp - appearing in court.
http://frost.ie/
 
What appealed to me is that they would go to court and meet the EBS with all my financials without me having to do so


I don't think it's a good idea to not appear in court yourself. Doesn't sound right.
 
Hi JJ
Sorry to hear about your plight, its seems very unfortunate to buy at the top of the credit bubble, then separate with your partner, then you tried to pay the mortgage, then he did, then no one did, asking for it to be repossessed, its a sorry mess.

But at least its sold and you can start to move on, however your and your ex did freely and willingly sign up to borrow the original amount. If KBC write down or off the money there should be some consequences for you and your partner. Maybe they can ask for a long term payment plan depending on your circumstances for you both that will allow you to move on but still have financial Independence and the possibility of starting again.
 
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