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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience:  11 years experience as judge at Paris Industrial Tribunal
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littigation over a property in France

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I am in littigation in the court of grand instance over a property I bought in 1996 with a private mortgage over 10 years and which was fifnshed in 2006 - four years later with no warning I was served with a writ to pay a vast amount of money ! I say all the amounts outstanding have been paid but the vendor says that I owe almost as much as when I started ! I have copies of the vendors bank account  statements where it shows all my payments. These were  provided by the vendor However the court accountant says that I have to prove each payment by providing evidence that it was paid from my bank statements and cheque stubs which I cannot provide for every payment however the vendors bankstatments show reciept of my payments .Clearly I can not get bank statements from my bank as they are 14 to 17 years ago .If judgement is made against me I am told that they can take my house and furniture even if I appeal as the appeal does not halt the procedure !! Surly this is not true I have all the proof that the vendor has been paid in her own bank statements !

Submitted: 2 years ago.
Category: French Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

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Customer: replied 2 years ago.

Hi Nicola No problem I am happy to wait- even if you can just find someone to answer the question as to wether if judgment goes against me can I appeale and will this stop any property or furniture being taken !! ?


Kind regrasd and many thanks for trying Francis

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

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Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,

Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.

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Customer: replied 2 years ago.

I am happy to wait for an expert


Many thanks Francis

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Thegonnec replied 2 years ago.

What you need to prove is that the sums credited to the account of the vendor were the payments you made. You need take this matter to a French lawyer who will help you sort this out. By law payments to a seller of real estate need go through a notaire who handles the transaction and registers the deeds. Why did this transaction not go through a notaire? This is something not mentioned in your account above.

Unless you are referring to the mortgage repayments, in which case the mortgage contract usually specifies that amounts are debited directly from the borrower's account.

Customer: replied 2 years ago.


Hi Many thanks for your reply - yes this was all done via a notaire unfortunatly he was not honest and was dis-barred and all his paperwork including our dossier was "lost" we have a copy of the contract and the mortgage was registered at the Bureau des Hipoteques however the vendor said the sale was in Pounds Sterling as in the comprimis de vent it said "the equivelent of 100,000 Pounds Sterling on the day of the signing" the sale was in FF and was registered in FF and we have paid the total and more the vendor was always difficult and kept demanding different sums. and finally four years after the mortgage was paid off sued us for more than the house cost in the firstplace ! the court said yes it was a French mortgage in French Francs BUT appointed a French accountant to verrify the amount we had paid-- two years down the road he has done his calculations but as we were unable to produce all the bank statements showing the money leaving our account ( we did have all the cheque stubs and the registered letter slips) he says that is no proof and as most of the "lost" payments are between 15 and 18 years old we cannot get copies from the bank ! HOWEVER we do have the vendors bank statments which she gave to the court in which she has underlined our payments and they correspond with our payment stubs etc however the accountant says that is not proof!!!!??? The second part of my question is if they do get judgment against us we can appeal but out French lawyer says this will not stop them trying to sell us up to get the money surly this is not true ?


I look forwrd to your reply Francis

Customer: replied 2 years ago.


Hi I trust you received my email of the 1st April ?


Kind regards F

Expert:  Thegonnec replied 2 years ago.
Regarding the proof, it is not proof unless admitted as such by a court of law. One would need to have access to the details of the court ruling to see why it was not admitted as such.
The appeal is not necessarily suspensive, which means that they can order to have the house auctioned off if the first ruling says so. I am afraid your lawyer is right...
When a notaire is suspended, his paperwork is transferred to the local Chambre notariale. Did you or your lawyer contact them. If it can be proved that the notaire wronged you, you should be in a position to take the Chambre notariale to court for damages as whatever a notaire does is guaranteed by other notaires.
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience: 11 years experience as judge at Paris Industrial Tribunal
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