Bank information
March 22, 2011 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Since the year 2000, I have owned some properties (farmland and green spaces) that are still burdened. I would like to sell them, but since August 2010, I have not received any information about the current level of property burdens. This information is necessary in order to sell and transfer the properties.
A lawyer specializing in insolvency law has been tasked with resolving this issue since August 2010, but I am now not sure if they are the right point of contact. This lawyer writes to the bank at more or less regular intervals, requesting information. Unfortunately, there is rarely a response - if there is, it is only a statement that they need to request the documents and will get back to us. And we have been playing this game for about three quarters of a year now :o(
My lawyer explained that we cannot sue the bank for information. Is this true? Do I really have no other option than to continue writing to them regularly for the next months and possibly years to ask for information??? In this case, I just need a simple legal advice on whether and what options I still have...
I also consulted a notary about this, and he only said that he had never come across such a case before...
If you see a chance of success, I would be happy to give you the assignment directly.
In conclusion: the properties were part of a farm that was auctioned off during a personal insolvency. The properties were not auctioned off at that time, and were left over, taken out of the insolvency estate. The personal insolvency was closed in November 2010 with debt relief.
Dear Inquirer,
Thank you for your inquiry. I would like to answer it as follows:
If I understand correctly, you are the owner of the properties in question that are to be sold.
If I further understand correctly, you were already the owner of these properties at the time of your personal insolvency and the properties were not included in the insolvency. It still needs to be clarified why the properties were not included in the insolvency.
You also mention that the properties are encumbered (meaning there is an easement such as a mortgage or lien) on the properties in question.
It would be important to determine if there are still outstanding debts, meaning that the loan originally secured by the easements has not been fully repaid.
If the loan has already been fully repaid, then you would have a claim against the bank, in whose favor the easement was registered, to grant the deletion of the easement in the land register.
If there are still outstanding debts, the bank would of course have a claim for repayment of the loan.
What seems very strange to me based on my experience is that the bank has not reacted at all. If the bank had a repayment claim, they would have already contacted you to enforce it.
I cannot deduce this from your description, but I assume initially that this loan repayment claim was included in the insolvency and no longer exists in case of discharge of residual debt.
However, this would need to be conclusively verified. In my opinion, you have an information right against the bank, as otherwise the above points cannot be clarified.
I hope I have provided you with a first legal orientation and wish you much success and all the best!
I would like to finally point out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation, which cannot replace a comprehensive assessment of the circumstances. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful to you. You are welcome to contact me through the follow-up option.
I wish you a pleasant Tuesday afternoon!
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax.0471/140244
