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09 Feb 2011 9:26 PM:

In the early nineties the UK property market was in trouble and many people had their homes repossed. Some banks were not too particularly worried as they had ensured that those borrows with small (or no) deposits had paid for indemnity insurance which covered the first 20% of the bank's loan should the bank reposses and then sell the property for less than the loan.  The insurance (a one of premium payment) was paid for  by the borrower (who in most case were unaware that they had paid this insurance) and the bank were paid (by the insurance company)  if things went wrong. 

The out-of-pocket  insurer then waited. The deliquent borrower thought all was forgotten. When the economy improved the deliquent borrower went back into the property market - the insurance company still waited - but once they saw equity available from the deliquent borrower's new property  the insurer went back to the deliquent borrower and demanded their money + interest.  If it was less than six years since the original default then the borrower was in the dudu - if it was over six years they might have been able to wriggle out of it  -  (It all depended if they had acknowledged the debt in any of the intervening years).

The above scenario isnt that much different from the spanish bank pursuing the deliquent borrower with assets in the UK



Thread: Spanish Banks invokes European Enforcement Order Against U.K. couple.

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09 Feb 2011 7:10 PM:

If one borrows money on a secured loan basis one should be prepared to pay the money back or lose the collateral given for the loan when the loan re-payments are not made - if the collateral is your shirt on your back or your uk house then so be it. I do not see the injustice in the bank's position. From the way I read your position its OK to come to Spain and borrow to buy a property and when things go south (for whatever reason) you head north and pretend all is forgotten.



Thread: Spanish Banks invokes European Enforcement Order Against U.K. couple.

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