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Malay Mail : Owner claims house sold despite paying loan PDF Print E-mail
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Friday, 11 September 2009 11:07
He said he had defaulted on the RM611 monthly instalments for the apartment for eight months due to financial reasons.

“Sometime in April, a group of auctioneers from EON Bank came to my apartment to inform me that if I did not settle my arrears by June 18, the apartment would be auctioned off,” said Soh, adding that he was only informed of the matter verbally.

He also claimed that throughout the eight-month period when he failed to pay his loan instalments, he did not receive any letter of notice or reminder from the bank.

Shocked by the auctioneers’ announcement, Soh managed to raise the money and paid off the amount by May 10, more than a month before the due date.

However, an unpleasant surprise was in store for him on May 20 when the auctioneers came again to inform him that his apartment had been auctioned off the day before!

“This isn’t fair. I did what they asked me to do and paid the money before the due date, yet my house has been sold.

“How can we be asked to leave when we have nowhere else to go? Moreover my apartment, which is worth RM100,000, was auctioned for RM70,000,” said the father of five.

Soh’s lawyer, Keppy Wong, said his client and family have no obligation to move out of their house without a letter of notice from the bank.

“EON Bank must answer why it still proceeded with the auction when the outstanding instalments were paid up. It also did not issue a legal notice informing Soh on the auction proceedings,” he said yesterday.

Wong added that the bank also did not paste an auction declaration notice on the property, at least a week before the auction.

“The bank has misled my client into paying because he believed that it would stop the auction.”

Wong has issued an official letter demanding an explanation from EON Bank on behalf of his client through fax on June 4 and also hand delivered a copy to the bank on June 5.

However, he claims the bank has yet to issue an explanation.

Wong said they are waiting for a notice from the bank instructing Soh and his family to vacate the house.

“Once the letter is received, we can ask for an injunction because the auction is not valid,” said Wong.

A spokesman from EON Bank’s credit recovery centre said yesterday they have sent a reply, dated May 31, to Soh regarding his queries on the matter.

“We only received the letter from his lawyer, dated June 4, today as we had to wait for the relevant branch to forward it to the credit recovery centre.

“We have given instructions to our lawyer to attend to the matter,” he said.