What do I do if the bank wants to sell my stuff?

People sometimes contact us to tell us the bank (or someone else) is trying to sell their movables: furniture, TVs, etc.

Usually when a bank is trying to get your house, they don’t go after the goods, but they are entitled to if they want.  Sometimes they do it out of spite as the amounts are small compared to a mortgage debt.  Mostly they don’t bother for that reason.

Technically, they are obliged to see if you have enough movables to reduce the debt before trying to sell the property itself. Mostly however, clients don’t to press them on this for obvious reasons unless the debt for some reason is so small that the sale of furniture etc will clear it.

The sheriff will come to your house and write a list of all the property he finds. If these goods belong to you they are entitled to sell them to reduce the debt.

Any goods that don’t belong to you, they cannot take. You need an affidavit with as much proof as you can, and a confirming affidavit from the person who does own them to prove the ownership of goods.