# bank wont pay service fee arrears



## lantus (24 Jun 2013)

We have a property about to sell which has been abandoned for 5+ years. The bank only 'recently' took possesion and claim that they are therefore not responsible for the past 6 years service fee arrears and therefore wont pay them as they were not the owner at the time. Does this sound right???!!! Sounds like hogwash to me. Service fee arrears are a debt against the property and must be paid prior to any sale. It could lead to tens of thousands of euros of arrears simply dissapearing!


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## Palerider (24 Jun 2013)

The registered owners are liable, the Bank have only come into possession now perhaps through a voluntary surrender or some legal action that led to possession.


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## lantus (24 Jun 2013)

Palerider said:


> The registered owners are liable, the Bank have only come into possession now perhaps through a voluntary surrender or some legal action that led to possession.


 
OK, but as this will become a common occurance it means that thousands of fee's can be wiped off by the bank through what I see as a loophole. IF the bank had really taken possession then why dont they go through a 'normal' conveyancing possession and get the lease documents signed as per any normal exchange of ownership. Surely the answer is that until the owner pays the mortgage the bank are the actual owners?

Also, if the bank becomes the owner without any sign off from the OMC then essentially the OMC is being excluded from such activites which can't be legal.


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## Luternau (24 Jun 2013)

Unfortunately, this is going to become more common alright. The bank taking possession is not the same as a property being sold/conveyed. Has your OMC not sought to get judgements on the propery for the years of unpaid charges?
The OMC should be able to slow up the sale somewhat but not sure if you can prevent the sale in the absence of payment of arrears. Has your OMC not got access to legal advice - its definitely worth getting some good advice on this.


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## lantus (25 Jun 2013)

Luternau said:


> Unfortunately, this is going to become more common alright. The bank taking possession is not the same as a property being sold/conveyed. Has your OMC not sought to get judgements on the propery for the years of unpaid charges?
> The OMC should be able to slow up the sale somewhat but not sure if you can prevent the sale in the absence of payment of arrears. Has your OMC not got access to legal advice - its definitely worth getting some good advice on this.


 
Agree on legal advice. The past directors and agent had a policy of taking the easy money with zero consequences for those who did not pay. The new director team are just realising the imense problems we are now in.


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## shesells (26 Jun 2013)

The sale can't be finalised with management fees owing. The MC has to release paperwork which no MC should do with fees outstanding.


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## Bronte (26 Jun 2013)

shesells said:


> The sale can't be finalised with management fees owing. The MC has to release paperwork which no MC should do with fees outstanding.


 
That's what I thought too, so it means the bank will have to pay them if they want to sell, no owner will buy a property unless all the managment fees are in order. Same thing applies to the NPPR and household charge.  And if one looks at the Allsops list of properties being sold by bank receivers you can see there that the banks/receivers are paying loads of backdated nppr's etc.


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## Vanessa (6 Jul 2013)

shesells said:


> The sale can't be finalised with management fees owing. The MC has to release paperwork which no MC should do with fees outstanding.


 

Agree 100%. Don't cooperate with the sale unless all outstanding debts on the property are met. Otherwise each individual owner who paid their management fees are subsiding the banks.
It is the duty of the Directors to recoup all debts owed. I would not be pleased as a compliant owner seeing the banks getting away with this


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