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Thread: The Dación en Pago Explained

  1. #11

    Default

    Hello,

    Yes, if the bank eventually decides to repossess your property if there has not been any chance to negotiate a Dacion en Pago - which may be a good try if you can prove you have no assets and live on housing benefits without any other type of sources of income - you will certainy be held responsible for any remaining debt after the bank sells the property.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  2. #12
    jeannie m. villegas
    Guest

    Default The Dación en Pago Explained

    if we are let to sign the dacion en pago in june 2011, my mother died july 2011, it was not then implemented since 2013, but they sold the property to somebody without prior notice to us and we was just informed latter after everything was cleared, what will be my right as 1 of the co-makers of the loan, and do i still have the chance to get back the property as well???

  3. #13
    jeannie m. villegas
    Guest

    Default The Dación en Pago Explained

    oh, i forgot to indicate that my mother was the principal borrower and i & my husband are the co-makers. my sister decided to sell it to somebody interested. the process was already done when i was informed. what is the best way for me to do to get back the property??? thnks

  4. #14

    Default

    Hello Jeannie,

    Please explain in more detail the current situation and sequence of events so we can understand the case.

    Also, please feel free to send us an email including documentation if you require a more detailed reply to your query.

    You can contact me by clicking on my profile.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  5. #15
    jeannie m. villegas
    Guest

    Default The Dación en Pago Explained

    hi patricia, thanks for the reply. our house and lot title was mortgaged at d bank and dacion en pago was signed by my mom as d principal borrower i and my husband as the co-makers. jun 21, 2011. it was not surrendered at d bank. mom died july 17, 2011 and we were not able 2 pay amortizations. we are waiting for the bank notice to give us any updates but unfortunately my sister found a buyer w/o telling me they had already paid the bank april 15, 2013 and deed of sale was made right after everything was settled in the bank and the documents. now the buyer wants us to leave the house by august. do i still have the chance or the right to repurchase the property from the buyer? because on the deed of sale it was only my sister who signed, the title still in the name of my mom. thanks...

  6. #16

    Default

    Hello Jeannie,

    I am afraid I do not understand very well your message. If a Dacion en Pago was signed, this means the bank had to take possession of the property and therefore your sister would have not got a right to sell a property that was no longer your mother´s. As we still do not have a clear picture of the situation, I kindly ask you to send us the Dacion en Pago documentation as well as documentation related to the sale of the property so we can check it and offer our piece of advice.

    You can send us the documents by email, bu clicking on my profile.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  7. #17
    Forum Guest
    Guest

    Default The Dación en Pago Explained

    hi patricia, thanks for all the comments!!! i'd love to send you infos on the problem, but i hardly cant access your account. we signed the dacion en pago doc june 2011 but the bank did not take possession of the house and the interest still continues to increase. mom died july2011 and we hardly cant cope up for the payments because we spent much to her medications and burials. the bank manager told my husband that we can still retrieve the title if we pay it full or even the corresponding interest. then my sister entered into transactions with the bank manager and found a buyer. i told the buyer we will be paying for it maybe in 3 months because we need to find the corresponding amount. but without any notice, the bank manager had told the buyer and my sister that i do not have the right to get it at all because of the signed dacion en pago and that my sister can find a buyer who will pay the necessary charges at the bank. they then made the payments to the bank and the bank manager released to them the documents. the net step is that they went to an attorney for the deed of sale. now the title is in possession of the buyer. they only told me of that right after everything is done. i told the buyer i will pay her the expenses and she will have to return everyhing to me, they refused. what will be my standing then. do i still have the chance to retrieve the rights? what legal moves do i need to do? thankshnotswe

  8. #18

    Default

    Hello,

    I am afraid that the information you send is very confusing and we need to check documentation.

    If you click on my profile and then click on my details, you will be directed to my email address.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  9. #19
    Forum Guest
    Guest

    Default The Dación en Pago Explained

    Hi this is for my assignment. Can you give me a simple example of dacion en pago. Thank you so much

  10. #20
    Jumel
    Guest

    Default The Dación en Pago Explained

    Hi,

    If you went thru the Dacion En Pago Route and the bank accepted it, will that still be reported as a bad credit under my name ? Will this be seen by other banks and lending institution should i want to apply for a loan?

    Thank you.

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