Can banks seize personal assets?

Pho3nix

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The bank could get a judgment, surely? And then attach according to the @supersunbird posted?

Very rare. I worked in a department that dealt with these issues. It's very rare.

Acquaintance is actually living in a house that the bank sold 2 years ago still. Bank only now is applying for a judgement to recoup costs from him.
 

Messugga

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The bank could get a judgment, surely? And then attach according to the @supersunbird posted?
Only if the person lending did dodgy ****. Otherwise, the worst they can do to you is blacklist you and hand you over for debt collection. This is over and above taking anything used as collateral.

There's a reason banks don't do 110% loans regularly anymore, if it all. My employer certainly doesn't.
 

Hemi300c

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They can't attach anything.

Buy a house, they'll sell the house and you pay the remainder.

Buy a car, they'll sell the car and you pay the remainder.

CC debt? They'll hound you and eventually sell your debt if you don't pay up to people that will properly hound you.

Only a sheriff can attach and for homes, furniture etc wouldn't be included albeit there are small exclusions to this.
This and also only following a court order.
 

Gozado

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Very rare. I worked in a department that dealt with these issues. It's very rare.

Acquaintance is actually living in a house that the bank sold 2 years ago still. Bank only now is applying for a judgement to recoup costs from him.
Why do you think the bank has taken so long?
 

Pho3nix

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Why do you think the bank has taken so long?

Person lodged an appeal for the repossession after it was sold. Which was dismissed.

Bank going for the jugular now because of time wasting and costs.

Some of the people in Recovery as vengeful at times
 

Gozado

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.... and hand you over for debt collection. This is over and above taking anything used as collateral.
I can tell from reading the last few posts that this is an area I really don't know much about.
Would anyone care to set it out, step by step, please?

Bond taken means the property being bought is the bank's asset, (or some other asset worth as much is accepted by the bank as surety).
Monthly bond payments start and trundle along (typically monthly) paying off interest at first and then bit by bit more of the capital.
Then: the home-"owner" (= debtor) defaults on the payments.
What happens after that, all the way up to seizing [the property] and some or all of the debtor's assets?
 

Pho3nix

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I can tell from reading the last few posts that this is an area I really don't know much about.
Would anyone care to set it out, step by step, please?

Bond taken means the property being bought is the bank's asset, (or some other asset worth as much is accepted by the bank as surety).
Monthly bond payments start and trundle along (typically monthly) paying off interest at first and then bit by bit more of the capital.
Then: the home-"owner" (= debtor) defaults on the payments.
What happens after that, all the way up to seizing [the property] and some or all of the debtor's assets?

They call you first to ask you what's going on. At this point you've ****ed up. You should have called them first to tell them you were going to have issues paying the bond.

They either give you some breathing room for 3 months or offer to help you sell it.

If you refuse, they go to court to get it repossessed, this can take 6-12 months.
House will be auctioned off.

Difference between sold price and what you owe will still be for your account + legal costs.

Fight this further and they'll ask the sheriff to attach your furniture etc to recoup legal costs that way and the remainder of what you owe them.
 
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Gozado

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Thanks. Which part of this counts as "hand you over for debt collection"?

And when the bank goes to court to get the property repossessed... presumably the debtor stays in the property till the court order, still paying nothing. Why, then, does the bank ask the court for an order only to repossess, and not, while they're at it, to recoup costs?
 
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B-1

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Thanks. Which part of this counts as "hand you over for debt collection"?

And when the bank goes to court to get the property repossessed... presumably the debtor stays in the property till the court order, still paying nothing. Why, then, does the bank ask the court for an order only to repossess, and not, while they're at it, to recoup costs?

They are two separate events. They will only attach other assets once they auctioned off the house and the remainder doesn't get paid. Starting the second process cant happen until the first is completed. The debt collectors mostly come into play if they sold off your debt to someone else. Otherwise its the bank that drives the process with the court and sheriff.
 

Nerfherder

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Thanks. Which part of this counts as "hand you over for debt collection"?

And when the bank goes to court to get the property repossessed... presumably the debtor stays in the property till the court order, still paying nothing. Why, then, does the bank ask the court for an order only to repossess, and not, while they're at it, to recoup costs?
They only know how much it will be once the property is sold. It could go to auction and go for nothing.... or not sell.
Only once the asset is sold will they know what the debt is.
 

Gozado

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Thanks for all these explanations. If I've pieced it all together correctly, it goes like this. I've numbered the paragraphs because I'd appreciate it if anyone could please point out any parts I've got wrong. Thanks.

1.
A debtor who sees that he/she's about to struggle to make the bond repayments can avoid a lot of trouble by contacting the bank of their own accord, and then possibly be granted some leeway, to pay a lower monthy sum, at least for a while. That could prevent the whole matter of any property being repossessed or seized.

2. Once the bank has decided they have a debtor (who was trying to be a home-owner, but has failed) who is continuing in default of the bond repayments, they will try to encourage that debtor to cut their losses and sell before things get messy. If the debtor refuses, the bank will blacklisted that debtor, and will appeal to the Court asking for permission to repossess. "Repossess" means that Court orders that the bank (which effectively owns the property anyway) is granted permission to sell it, without the cooperation or permission of the debtor. The bank's journey through the Court system takes 6 to 12 months.

3. During this time, the debtor will stay in the property, without honouring the agreement. They'll be rent free, mortgage "free", but racking up more and more debt).

4. Is the Court order ever not granted in the bank's favour? Are there conditions which prevent the Court from granting an order to the bank to repossess,?

5. The bank then tries to sell the property directly (they're allowed to try this, too, right?) and/or puts the property up for auction.

6. For as long as the property doesn't sell, does the debtor still remain in the property, still not paying, and ever increasing the debt? Or could the debtor pay in something? Does the bank go for eviction, as well, or make vacating the property part of the sale, or even leave that nightmare up to the new owner?

7. Depending on the mortage amount still outstanding, the selling price could end up being be the same, or more, or less than the remaining part of the mortgage owed to the bank. Whatever the price, it goes to cover first the fees and costs of the lawyer, the Court, the registrations, agents, auctioneer, etc. and second to settle as much as possible of the mortgage (including the months during which the debtor did not pay the installments, and incurred yet more interest-debt for that lateness). The remaining sum, if positive, would belong to the ex-owner (and that would be the end of it all). If negative, that sum would be owed by failed home-owner to the bank.

8. At that point, the debtor could voluntarily sell off everything else, to try to pay off as much as possible of the debt. Or, if the debtor is able make a repayment schedule, a lower one, more realistic than the bond they weren't managing to pay, could they get out of debt? And if so, then be rehabilitated and taken off the blacklist? Or is that likely/unlikely in real life?

9. In the absence of any willingness on the debtor's part to sell and settle of their own accord, the bank could then go to Court again, (another 6 to 12 months?) to get permission to send the Sheriff to seize whatever is left, and sell it off to pay towards, once again, first the costs of the lawyer, and of the Court and Sheriff, and only then the remainder towards the debt.

10. What happens after the debtors possessions have been sold and they have nothing more to offer the bank? Can the bank have part of their salary docked? Or register a claim on future income such as possible inheritance or lottery gains? What else can the bank do? Or, if the bank has sold the debt to a debt-collecter, what else can they do?
 

Speedster

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Thanks for all these explanations. If I've pieced it all together correctly, it goes like this. I've numbered the paragraphs because I'd appreciate it if anyone could please point out any parts I've got wrong. Thanks.

1.
A debtor who sees that he/she's about to struggle to make the bond repayments can avoid a lot of trouble by contacting the bank of their own accord, and then possibly be granted some leeway, to pay a lower monthy sum, at least for a while. That could prevent the whole matter of any property being repossessed or seized.

2. Once the bank has decided they have a debtor (who was trying to be a home-owner, but has failed) who is continuing in default of the bond repayments, they will try to encourage that debtor to cut their losses and sell before things get messy. If the debtor refuses, the bank will blacklisted that debtor, and will appeal to the Court asking for permission to repossess. "Repossess" means that Court orders that the bank (which effectively owns the property anyway) is granted permission to sell it, without the cooperation or permission of the debtor. The bank's journey through the Court system takes 6 to 12 months.

3. During this time, the debtor will stay in the property, without honouring the agreement. They'll be rent free, mortgage "free", but racking up more and more debt).

4. Is the Court order ever not granted in the bank's favour? Are there conditions which prevent the Court from granting an order to the bank to repossess,?

5. The bank then tries to sell the property directly (they're allowed to try this, too, right?) and/or puts the property up for auction.

6. For as long as the property doesn't sell, does the debtor still remain in the property, still not paying, and ever increasing the debt? Or could the debtor pay in something? Does the bank go for eviction, as well, or make vacating the property part of the sale, or even leave that nightmare up to the new owner?

7. Depending on the mortage amount still outstanding, the selling price could end up being be the same, or more, or less than the remaining part of the mortgage owed to the bank. Whatever the price, it goes to cover first the fees and costs of the lawyer, the Court, the registrations, agents, auctioneer, etc. and second to settle as much as possible of the mortgage (including the months during which the debtor did not pay the installments, and incurred yet more interest-debt for that lateness). The remaining sum, if positive, would belong to the ex-owner (and that would be the end of it all). If negative, that sum would be owed by failed home-owner to the bank.

8. At that point, the debtor could voluntarily sell off everything else, to try to pay off as much as possible of the debt. Or, if the debtor is able make a repayment schedule, a lower one, more realistic than the bond they weren't managing to pay, could they get out of debt? And if so, then be rehabilitated and taken off the blacklist? Or is that likely/unlikely in real life?

9. In the absence of any willingness on the debtor's part to sell and settle of their own accord, the bank could then go to Court again, (another 6 to 12 months?) to get permission to send the Sheriff to seize whatever is left, and sell it off to pay towards, once again, first the costs of the lawyer, and of the Court and Sheriff, and only then the remainder towards the debt.

10. What happens after the debtors possessions have been sold and they have nothing more to offer the bank? Can the bank have part of their salary docked? Or register a claim on future income such as possible inheritance or lottery gains? What else can the bank do? Or, if the bank has sold the debt to a debt-collecter, what else can they do?
The bank doesn't own bonded property, the home-owner does. They just have a bond against the property as security for the loan.
 

B-1

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The banks usually prefer not to repossess properties because they also typically lose money so if they believe you have a good plan in place they will be more lenient unless you get someone very harsh.

Court orders are rarely not granted but there are some situations where it wont be.

Repossessed properties usually go on the PIP (properties in possession) list first where people can make offers to purchase and agents try to sell them. If they dont sell there they will be auctioned.

The bank can start an eviction as soon as they own the property. They dont always do this and sometimes leave it for the new owner to sort out. This is mentioned in the auction.

Things that you havent listed.
Debt counseling: this is a formal legal process where you are declared over indebted and a 3rd party manages your financial affairs and does debt restructuring (they also take a fee and some can be dodgy so make sure you know what you are getting into)

Declaring insolvency as an individual(declared bankrupt):
If you qualify for voluntary sequestration you forfeit your estate to a court appointed trustee who will sell everything and pay off your creditors. This too comes with its own risks.
 

Messugga

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The bank doesn't own bonded property, the home-owner does. They just have a bond against the property as security for the loan.
The bond is the legal contract for payment of funds on a schedule. As part of the whole agreement, the bank registers its right to take possession of some assets should the conditions of the bond be broken. That is the security. Usually, this would be the property being purchased but it could also include other assets.

It gets more complicated for higher value deals. There could be covenants, which state that the bond will be terminated once some set of conditions are violated (often used in property development) and guarantees.
All of the above could have additional conditions added to them, which your bank will do depending on the deal.
 

Speedster

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The bond is the legal contract for payment of funds on a schedule. As part of the whole agreement, the bank registers its right to take possession of some assets should the conditions of the bond be broken. That is the security. Usually, this would be the property being purchased but it could also include other assets.

It gets more complicated for higher value deals. There could be covenants, which state that the bond will be terminated once some set of conditions are violated (often used in property development) and guarantees.
All of the above could have additional conditions added to them, which your bank will do depending on the deal.
None of which imply the bank has any right to ownership of the property (assuming all payments are made on time).
 
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