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Withdrawal Real Estate Loan Reversal

July 9, 2019 0 Comment


Redemption of real estate loan repayment

Redemption of real estate loan repayment

for the determination of repayment claims after a clearly clarified loan revocation. You can turn to because of the cancellation Joker and a repayment of your credit agreement. Check with my bank to sue for the repayment of the loan.

Cancellation of a real estate loan of GC forced due to wrong cancellation policy

Cancellation of a real estate loan of GC forced due to wrong cancellation policy

Cancellation policy of the GerManCre is often a mistake. Those who are wrong must bear the consequences. The customers are enthusiastic. Now you can save a lot of money by reposting your debts at low interest rates and receiving compensation for their use. For the purchase of a home by the GC in 2006, our customers had an annuity loan of 160,000 at a nominal interest rate of 4.28%, fixed to 2016, with a total maturity of 7.2033, provided to the purchase of a home enable.

In 2014, our clients asked GC to repay the financing under normal market conditions, after which they dissolved their loan agreement. The revocation was rejected by the GC on the grounds that a right of objection no longer exists. Our law firm has then explained the revocation again with a valid reason. Credit institutions and ski banks have made large and small, clear and controversial errors in the revocation.

One of the most serious mistakes is the unclear start of the deadline, which should make every financial institution aware that in the event of such an error it is still possible to revoke the agreement. The GC has also not clearly informed its customers about the start of the period of notice, but – as our approach has shown – is itself apparently unintelligible about the consequences of this error and the prospects of success in a lawsuit.

In the opinion of the jury, the revocation instructions contained in the order are insufficient in relation to the start of the period. The wording that the revocation period begins “at the earliest upon receipt of this instruction” does not clearly disclose the borrower’s beginning. Although it can be concluded from this statement that the start of the period may depend on further conditions, it remains unclear what (possible) circumstances exist.

No “design protection” In some cases, you can also liberate yourself if you have made a mistake. This is attempted by banks in individual cases through the use of so-called design protection. In other words, they then refer to a revocation model of the legislative firm that they wish to have consulted. Finally, the protective effect only occurs when the teaching really does follow the pattern in every respect.

This was also not included in the GC briefing, as the house bank had processed the content of the sample. Their amendments to the wording of the right of withdrawal and the consequences of the withdrawal were so severe that no “design protection” could come into force. The credit agreement of our customers has been canceled. This gave them the opportunity to convert debt at low interest rates and achieve significant savings. The fact that the bank was able to fall back on the now significantly lower interest rates and the resulting opportunity to conclude a cheaper (interest) credit agreement without pre-payment of a premium is “not crucial”.

For the exercise of the cancellation policy, it does not matter whether the revoking party is driven by simple contractual obligations or other subjective motives. “Last but not least, our mandates received compensation from the GC for the probable use of the interest and principal payments made until the opposition came into effect from 7.604,78?.

You will check your cancellation policy for errors and tell you whether you can cancel your loan with the GC, to convert it at low interest rates, without having to pay a prepayment penalty, or whether you can reclaim the advance payment already made. It has to be taken into account that according to the new legal situation, these are orders completed after the cut-off date of May 11, 2010, for which no or incorrect termination instructions have been issued.

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